The Austrian Supreme Court confirms that charging different prices for tickets booked via a global distribution system depending on the location of the customer/travel is abusive (Lufthansa)

Introduction On 17 July 2018 the Austrian Supreme Court in competition matters (Oberster Gerichtshof als Kartellobergericht; hereinafter: “Supreme Court”) confirmed a cease and desist order prohibiting Lufthansa from abusing its dominant position by charging different ticket prices based on the location of the customer/travel agent for flights from Graz to Frankfurt booked via Global Distribution Systems (hereinafter: “GDS”). By contrast, the Supreme Court held that Lufthansa did not commit an abuse by charging a so-called “Distribution Cost Charge” (hereinafter “DCC”) for all tickets booked via GDS, as opposed to, e.g., tickets booked via Lufthansa’s own website (cases 16 Ok 1/18k and 16 Ok 2/18g). In doing so, the Supreme Court by and large upheld a decision by the Vienna Higher Regional

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Author

  • Reidlinger Schatzmann Rechtsanwälte (Vienna)

Quotation

Franz Stenitzer, The Austrian Supreme Court confirms that charging different prices for tickets booked via a global distribution system depending on the location of the customer/travel is abusive (Lufthansa), 17 July 2018, e-Competitions July 2018, Art. N° 91350

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