The Hungarian Competition Authority (Gazdasági Versenyhivatal - GVH) has opened an investigation into Budapest-based budget carrier Wizz Air for allegedly misleading consumers into buying tickets for its higher-cost premium services.
Case number VJ/1/2023 will probe “likely unfair commercial practices in the online ticketing process,” the GVH said in a statement on February 7, as the airline “may be withholding (or delaying) information on its online platforms that is relevant to consumers’ choices, in order to influence ticket buyers towards more expensive options.”
Wizz Air is suspected of hiding from consumers the possibility of adding priority service or checked baggage to the cheapest package option. For some higher-cost options, the website “may misleadingly claim that it 'may be more expensive' if users only book their seats at check-in,” which is presumably only true for other, cheaper package options.
It may also have used “misleading designations and other technical devices” to encourage consumers to choose seats at a premium price during online check-in.
Last autumn, the GVH issued “a strong warning” to airlines operating in Hungary to change any ticketing and advertising practices they used that undetectably distort consumer choice. It said at the time that if no progress was made, it could open competition enforcement proceedings to investigate whether fair competition rules were being applied.
The authority protested that “such unacceptable practices are becoming more widespread” and pointed to the European Commission publishing in January the results of a 25-country fast-track investigation into the presence of “dark patterns” in online commerce.
The commission had warned in a resolution dated January 18 of “certain dark patterns, aggressive marketing practices, and misleading transparency on information that is required to be provided to consumers” and urged national authorities to more effectively enforce European and national consumer protection laws, in particular the Unfair Commercial Practices Directive.
The opening of competition proceedings at Wizz Air does not mean that any infringement has been committed, the GVH stressed. It merely aims to clarify the facts and thereby prove or disprove the alleged infringement. The time allowed for the probe is three months, which may be extended twice, in justified cases, for up to two months each time.
Wizz Air did not immediately respond to a request for comment from ch-aviation.
