THE GROWING INFLUENCE OF COMPETITION LAW IN TOURISM 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 which is difficult to reverse over time, as well as a risk also for the generality of tourist services offered by OTAs. On this basis, ICA alleged that Ryanair's conduct might cause serious and irreversible damage to OTAs and, consequently, to consumers, as they are denied, at the height of the flight booking season for the summer holidays, the possibility of having broad, effective, continuous and transparent access to Ryanair flights. At the end of the precautionary proceeding, ICA assumed that there was no requirement of periculum in mora and that, therefore, it was not necessary to adopt precautionary measures. In particular, without prejudice to any assessment of the validity of the charges and the possible restrictive effects of the partnership agreements with online agencies, ICA stated that the willingness expressed by Ryanair to conclude such partnership agreements which, in the near future, should allow online agencies to sell Ryanair tickets with solutions integrated into its website (so-called embedded, i.e. which allow booking without leaving the online agency website, with the exception of a pop-up with a summary page on the Ryanair website). Also, this would allow the sales of non-aviation ancillary services and the application of additional commissions or discounts (provided they are explained in a transparent manner to users). This being so, pending the conclusion of the procedure, ICA assumed that there does not appear to be a risk of serious damage and irreparable for the competition25. 4.3. Finally, on 24 March 2024, ICA opened an other investigation concerning Booking.com (Italy) S.r.l., Booking.com B.V. e Booking.com International B.V. to ascertain an alleged abuse of dominant position in the 25 ICA Decision, 21 may 2024, See Official Bulletin, n.23/2024 (A568): the investigation is expected to conclude by April 3, 2024.
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