Following the initiation of the procedure, with decision of 3 April 2024, n. 31151, ICA also started a precautionary proceeding pursuant to article 14-bis of law no. 287/1990, aimed at verifying the actual existence of the necessary requirements for the adoption of precautionary measures aimed at restoring and maintaining competitive conditions in the market24. It seems that the conduct described above had worsened starting from November 2023, both with reference to the obstacle to the purchase of Ryanair flights by agencies, and with reference to the denigration campaign. In particular, it emerged that Ryanair appeared to have introduced further IT measures aimed at completely and preventively impeding the purchase of Ryanair tickets by agencies via the Ryanair.com website. Subsequently, this blocking became intermittent and unpredictable, limited to some days of the week compared to a total and systematic blockade on other days. Given this block, it seems that OTAs are no longer able to sell Ryanair flights. Furthermore, it seems that starting from January 2024, Ryanair has entered into some agreements with OTAs - in particular Kiwi - aimed at regulating the sale of Ryanair tickets; these agreements appear to mean that the OTAs refer to the Ryanair website for booking and continue to restrict the offer of Ryanair flights. This being so, ICA hypothesized that Ryanair’s conduct therefore appears to determine a serious and irreparable danger for competition in the tourism sector, which makes the adoption of precautionary measures particularly urgent given the (total or semi-total) blocking of bookings. The only alternative offered relating to the aforementioned distribution contract could constitute a significant change to the business model capable of jeopardizing, pending the proceedings, the ordinary competitive dynamics with reference to the purchases of Ryanair flights, alone or in conjunction with other tourist services. This could lead to the disappearance, fromm the Italian market, of the commercially autonomous offers of OTAs relating to Ryanair flights, which represented approximately 50% of domestic passengers in Italy in 2023. This risk is all the more serious if we consider the relevance of the period in question for the tourism sector, in view of the start of the summer season. By virtue of the purchasing dynamics of online tourist services (consumer choice based on past experience, inertia in purchasing choices, reputational effects on OTAs), Ryanair’s conduct could lead to a consolidation of the effects of the conduct 24 See AGCM Decision, 3.4.2024 n. 31151 (A568), in Official Bulletin n. 15/2024 158 ROSARIA GAROZZO
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