EasyJet's Investigation by Italian Competition Authority
Case summary
EasyJet was held liable for inadequate travel insurance policy transparency and creating obstacles for refunds during online ticket purchases. Consumers were not given essential information to make an informed choice regarding insurance policies.
Our analysis
EasyJet was found to have engaged in an unfair commercial practice by omitting or inadequately providing essential information regarding the insurance product offered to consumers during the plane ticket booking process on its website. This included information on fees, excess amounts, and tax coverage. Such omissions and misleading information prevented consumers from being fully informed about the service offered, and induced them to make a commercial decision they otherwise would not have made. The failure to provide a cost breakdown violated both the Consumer Code and Regulation EC 1008/2008. These practices constituted aggressive commercial practices by imposing onerous and disproportionate hindrances on consumers attempting to carry out their contractual rights.
EasyJet was found to have violated articles 20, 22, 24, and 25 of the Consumer Code due to the use of deceptive patterns, specifically the concealment of essential information regarding travel insurance policies offered during the online purchase of air tickets. The information omitted or inadequately provided by EasyJet included the existence of a 12 Euro fee for the issuance of the letter certifying the non-use of the ticket, the amount of the excess, the indication that the refund does not cover taxes, and the breakdown of the cost of the ticket. These omissions and misleading information misled consumers and affected their economic behavior, leading them to make a commercial decision they would not have made otherwise.
Outcome
EasyJet Airline Company Ltd was found guilty of an unfair commercial practice under the Consumer Code and was forbidden from continuing such practices. They were also fined €200,000, which must be paid within 30 days of notification.
Parties
EasyJet Airline Company Ltd and Italian Competition Authority