Triple Trouble for Wizz Air: Hungarian Competition Authority Fines Airline Amid Two New Investigations

In 2022, the Hungarian Competition Authority (HCA) carried out a fast-track comparative analysis which showed that most airlines use tools to distort consumer choices. The dark patterns (user interface designs crafted to trick users into doing or buying things they otherwise wouldn’t want) included psychological pressure (e.g. "Only 2 tickets are available at this price") and the use of colours to highlight certain offers. In addition, information overload was an important tool, making it very difficult for consumers to find the information they needed. In many cases, important information or choices were hidden by poor positioning of the text or by highlighting irrelevant information, for example when choosing a seat. It is important to note that these dark patterns were not only used by airlines themselves but also by websites comparing ticket prices. After this fast-track analysis, airlines were warned to comply with consumer-friendly rules.

The HCA noticed that between December 2022 and May 2023, Wizz Air likely misled consumers by failing to indicate on its website that free online check-in for return passengers could not be completed on mobile phones because the mobile interface was not suitable for that purpose. This procedure is still ongoing.

In early 2023, the HCA opened a new competition investigation against Wizz Air for concealing the fact that the services included in their package offers could be purchased separately, thereby steering consumers to more expensive package options. In the course of these proceedings, Wizz Air proposed a number of undertakings, which the HCA declined after consideration. The reasons given by the HCA were that there was an overriding public interest in legally qualifying the conduct, there were doubts that the commitments would have achieved the original purpose of the procedure and that concerns existed about Wizz Air’s ability to implement the commitments. The HCA closed this procedure on 3 August 2024 imposing a fine of over HUF 300 million (approx. EUR 770,000) on the company.

On 6 August 2024, the HCA opened a third procedure against Wizz Air.  The new procedure was based on the suspicion that, firstly, the company's booking system is unpredictable and unreliable in terms of the information it provides on booking fees, and secondly, that the company conceals the fact that it may not be able to provide the service at the displayed fee during the booking process. As a result, consumers attempting to purchase the same services on different devices may have encountered different prices, and the prices displayed may have increased substantially when a ticket was actually purchased. This proceeding is also still pending.

As a result of the recent increase in complaints about airlines, the President of the HCA has warned several airline executives operating in the Hungarian market that there could be serious consequences if they fail to comply with the rules.