INTERNATIONAL JOURNAL OF TOURISM, TRAVEL AND HOSPITALITY LAW According to ICA, such conduct could constitute a possible abuse by Ryanair of its dominant position in the air transport markets, aimed at marginalizing, if not excluding, travel agencies from the markets for booking and selling tourist services, centralizing the sales of airline tickets and other tourist services on its own channels. In fact, it is necessary to consider that on many routes involving the Italian territory the Ryanair offer represents the only available alternative (or, in any case, the one that offers the greatest number of flights and at the best fares) and that not having Ryanair in its inventory could undermine the ability of agencies to offer the end customer a complete range of travel solutions. Following the initiation of the procedure, with decision of 3 April 2024, n. 31151, ICA also started a precautionary proceeding pursuant to article 14bis 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. 24 See AGCM Decision, 3.4.2024 n. 31151 (A568), in Official Bulletin n. 15/2024
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