Antitrust: 9 million fine to eDreams for unfair commercial practices

The Antitrust Authority has imposed a total fine of EUR 9 million on the companies Vacaciones eDreams S.L, eDreams International Network S.L. and eDreams S.r.l. for two separate unfair commercial practices causing visual and emotional persuasion in the digital environment, through so-called dark patterns. This is stated in a note. The Authority found that the companies, in offering flights and stays via website and app, resorted to misleading claims and undue influence techniques, including manipulative strategies, to induce consumers to subscribe to Prime, sometimes unwittingly.

"To this end," reads the Antitrust Authority's note, "eDreams presented the Prime offer by providing ambiguous information on the features and benefits of the subscription, exploiting time pressure and artificial scarcity techniques, so as to hasten the choice of purchase and guide the consumer in joining Prime. Moreover, the actual amount of the discounts deriving from the subscription was presented in a misleading way, and the existence of price differentiations, depending on the landing path (direct or through metasearch sites) to eDreams, or on the Prime membership status, was presented in a non-transparent way'. The consumer's free choice 'was also compromised because eDreams pre-selected the most expensive version of the subscription, i.e. Prime Plus, and because users who did not meet the requirements for access to the free trial period provided by the service, after being induced to join that trial, were subjected to an immediate charge of the price of the annual subscription, without adequate prior communication'.

This conduct, constituting a practice with misleading and aggressive profiles, constitutes a violation of Articles 20, 21, 22, 23(1)(g), 24, 25, and 26(f) of the Consumer Code and resulted in the imposition of a fine of €6 million. The Authority also found that "the companies hindered consumers from exercising their right of withdrawal, both before the expiry of the trial period and during the term of the Prime subscription, through withholding strategies implemented also through the customer service. This second practice constitutes an aggressive commercial practice, in breach of Articles 20, 24, 25 and 26(f) of the Consumer Code, and resulted in a further fine of €3 million".

A spokesperson for eDreams ODIGEO said: "We firmly reject the decision of the Italian Competition Authority (AGCM), as it does not reflect our current offering. As a pioneer in the global travel subscription industry, Prime is constantly evolving to meet the needs of travellers; this approach is confirmed by the record level of satisfaction of our Italian subscribers, who rate their experience significantly higher than non-subscribers. Crucially, Prime delivers substantial savings to consumers; however, the decision misrepresents the standard retail dynamics common across multiple industries. We are confident in our position and will immediately appeal to the courts to defend our full compliance with Italian and European laws. Our commitment to our customers and the integrity of our services remain unwavering, and we will continue to strengthen our position as a trusted reference point for our 7.7 million Prime members worldwide.