Tourexpi
Ryanair has announced that it has instructed its
lawyers to immediately appeal the ruling and €256 million fine imposed by the
Italian Competition Authority (AGCM). Europe’s largest airline described the
decision as legally unsound and contrary to a precedent judgment issued by the
Milan Court in January 2024, which found that Ryanair’s direct distribution
model “undoubtedly benefits consumers” and leads to competitive fares.
Conflict with Milan court precedent
Ryanair argues that the AGCM ruling seeks to ignore
and overturn the January 2024 Milan Court decision, which explicitly validated
the airline’s direct distribution strategy. According to Ryanair, that ruling
confirmed the consumer benefits of booking directly via ryanair.com, including
price transparency and access to the lowest promotional fares.
The airline maintains that its current distribution
agreements with approved online travel agencies (OTAs) and bricks-and-mortar
travel agents are compliant with competition law. These agreements allow access
to Ryanair fares without charge, provided intermediaries do not overcharge
consumers for flights or ancillary services.
Disputed claim of market dominance
Ryanair strongly contests the AGCM’s assertion that it
holds a dominant position in the Italian air travel market. The airline points
out that its market share in Italy is just over 30% and accuses the authority
of using an artificially narrow market definition by excluding long-haul
flights, short-haul alternatives to other countries, and competing modes of
transport such as rail, bus, ferry and motorway travel.
According to Ryanair, this approach enabled the AGCM
to construct an untenable claim of dominance that does not reflect actual
competitive conditions in the Italian travel market.
Long-standing focus on direct booking
Ryanair reiterated that it has campaigned for many
years to offer consumers the lowest possible fares by encouraging direct
bookings through its website. The airline notes that this approach was
explicitly endorsed by the Milan Court in 2024, despite pressure from certain
online travel agencies and a small number of traditional travel agents.
The carrier argues that the AGCM ruling contradicts
this judicial precedent and represents a biased assessment of Ryanair’s pricing
and distribution practices.
Ryanair CEO criticises ruling
Ryanair CEO Michael O’Leary said the decision
undermines both consumer protection and competition law.
“If today’s legally unsound AGCM ruling and fine is
not appealed, then the AGCM proposes to set itself above the Milan Courts in
making competition decisions. Ryanair has fought for many years for transparent
pricing, and our approved OTA agreements are manifestly and clearly
pro-consumer,” O’Leary said.
He added that before Ryanair’s market entry, a
significant share of ticket revenue was absorbed by travel agent and GDS
commissions, contributing to high fares and low industry margins.
“The internet and the ryanair.com website have enabled
Ryanair to distribute directly to consumers, and we have passed on these cost
savings in the form of the lowest air fares in Italy and Europe,” O’Leary said.
“This AGCM ruling is both legally unsound and in direct contradiction of the
January 2024 Milan Court ruling.”
Confidence in appeal outcome
Ryanair stated that it is confident the ruling and
fine will be overturned on appeal. The airline insists that the AGCM should
have adhered to the Milan Court’s precedent, which recognised that Ryanair’s
direct distribution model lowers fares, reduces intermediation costs and
improves direct communication with passengers.
Ryanair concluded that the decision reflects a failure
by the authority to properly protect consumers and uphold competition law, and
said it looks forward to having the ruling annulled by the courts.
Image
Credit: © Ryanair
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