The Court of Appeal of Milan overturns a judgment on screen scraping and intermediation of online travel agencies and rejects the allegations of abuse of dominance by an airline (Lastminute / Viaggiare / Ryanair)

Introduction With two judgements delivered on June 2015 regarding cases brought by Lastminute.com S.r.l. and Viaggiare S.r.l. respectively against Ryanair [1], the Court of Appeal of Milan held that Ryanair’s refusal to grant travel agencies the right of intermediating its tickets does not constitute an abuse of a dominant position pursuant to article 102 of the TFUE. These two cases are yet another episode in a long-running European saga that sees several airlines pitted against online travel agencies (hereafter referred to as “OTA”). The facts of the cases are as follows. Ryanair does not grant licence to OTAs to intermediate its tickets. Thus some OTAs constantly query the airlines’ software to scan the entire flights’ schedule which shall then be reproduced on their websites (this

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Giordana Aquilea, Simone Gambuto, The Court of Appeal of Milan overturns a judgment on screen scraping and intermediation of online travel agencies and rejects the allegations of abuse of dominance by an airline (Lastminute / Viaggiare / Ryanair), 26 June 2015, e-Competitions Bulletin Amicus curiae, Art. N° 76940

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