Fair and rational regulation in air transport – passenger protection and competition between carriers

Abstract

The aim of this study is to analyze competition in the European Union air transport market and assess its impact on passenger rights protection. The research focuses in particular on the differences between full-service carriers (FSC) and low-cost carriers (LCC) business models, as well as the consequences of their pricing strategies for consumers. The underlying hypothesis assumes that intense price competition among airlines leads to practices that may infringe consumer rights, especially regarding fare transparency and the provision of accurate information about the actual costs of services.

The study employs a doctrinal-legal approach, taking into account EU and national regulations, including the Air Services Regulation and consumer protection directives, as well as case law of the Court of Justice of the European Union (CJEU). A comparative method was also applied, contrasting the practices of low-cost and full-service carriers, including mechanisms such as dynamic pricing, price discrimination, and additional fees.

The research shows that a lack of transparency in fare structures, hidden charges for supplementary services (e.g., checked baggage), and the operation of online comparison platforms can mislead consumers and reduce their ability to make informed choices. At the same time, competitive pressure encourages airlines to innovate and lower fares, increasing access to air transport.

The study concludes that there is a need for clearer obligations for carriers regarding information disclosure, full fare transparency, and stronger oversight by EU and national authorities. Only through these measures can consumer interests be safeguarded while ensuring the continued development of a competitive air transport market.