Airlines in the sight of the Hungarian Competition Authority

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ccording to the latest official press release from the Hungarian Competition Authority (HCA), airlines operating in Hungary – including the low-cost service providers – and popular ticket price comparison websites, often use hidden methods of distorting consumer decisions on their websites.

The HCA is now calling these companies to stop using these manipulative B2C commercial practices and recommends avoiding the use of  “dark patterns”. The companies certainly still have time to take these steps of their own accord, although businesses that fail to adjust their B2C commercial practices to the requirements of the unfair commercial practices laws may soon face inspections and fines.

What are “dark pattern” B2C practices?

They are manipulative practices in the digital space that materially distort or are likely to distort the economic behaviour of consumers and lead platform users to make decisions that they would not have otherwise made. They may appear either visually or by using a certain sequencing that draws the attention of the consumer to more expensive offers. They also include pre-ticked boxes and certain default settings on websites or apps that have a significant impact on the freedom of consumer decision making. In addition, consumers’ economic behaviour can be manipulated by using underhand questions and ambiguous language. These practices also affect people’s emotions, inasmuch as they are able to induce a specific choice. The Unfair Commercial Practices Directive does not state that an intention to use dark patterns is necessary for them to have in fact been used. And indeed businesses should take appropriate measures to ensure that the design of their websites and applications does not distort consumer decisions.

Now the HCA is warning airlines

In its rapid analysis, the HCA revealed that air carriers often use ambiguous wording.

Indeed, the majority of platforms are characterized by the fact that they refer to the limited availability of offers by urging quick action, using psychological pressure with statements such as "only 2 tickets are available at this price". According to the HCA’s findings, some offers are presented in a clearly discernible, striking way, while cheaper ones are less easy for consumers to decipher. In the HCA’s view, many consumers are confused about the information presented to them. This can misdirect their attention, with the effect that in many cases important information and other options remain hidden. The HCA’s press release makes special mention of seat selection, where the lack of information can give consumers the feeling that they will not be able to choose seats later, or that it will cost them more to do so.

What’s next?

Airlines should consider the HCA's signals and proposals on their merits, and examine their user websites and applications as soon as possible. They should make the necessary changes, such as reviewing the use of urgent messages. The companies should communicate all the relevant information consumers need to make their decisions in a clear and understandable way.