The Data Landscape of Aviation: Competition, Privacy, and Market Power under EU law

Abstract

Competition law has long shaped the European aviation sector, from liberalisation in the 1990s to scrutiny of mergers and alliances. While past enforcement focused on slots, routes, and network structures, digitalisation has shifted competitive dynamics toward control over passenger data. Airlines and intermediaries now rely on vast datasets, raising novel issues under Article 102 TFEU. Data-driven practices, such as loyalty schemes, personalised pricing, and mandatory data sharing, can both entrench market power and undermine transparency, fairness, and privacy. Recent case law confirms that data protection concerns, particularly under the GDPR, may be relevant in competition assessments when dominant firms exploit consumers through unfair terms. In aviation, where choice is often limited and regulatory obligations complex, the intersection of competition, consumer, and privacy law is especially acute. This article examines exploitative and exclusionary abuses linked to data, arguing that data has become aviation’s “new jet fuel” and requires regulatory vigilance.