Earlier this month, the Competition and Markets Authority (CMA) announced an investigation into Ryanair’s policy of charging parents to sit next to their children.
Our competition law expert, specialising in consumer law practices and member of our Aviation team, Charlie Markillie, explains why this development should serve as a warning to other airlines - and what they should be doing next.
What is Ryanair’s Family Seat Policy?
“Ryanair’s terms and conditions do not allow children aged 2–11 to travel without an accompanying adult. However, parents are required to pay a £8 mandatory ‘family seat’ to sit next to their children. This charge covers up to four children sitting next to or near the adult.
“According to the CMA, this fee applies on most of Ryanair’s UK routes, including both outbound and return flights. However, there are some exceptions to this rule, for example, flights to and from Italy, where the Civil Aviation Authority (ENAC) banned such charges following a similar investigation in August 2024 .”
Why are the Competition and Markets Authority investigating Ryanair?
“The CMA is acting under strengthened powers under the Digital Markets, Competition and Consumers Act 2024 (DMCCA), which came into force in April 2025. These powers allow the regualtor to impose penalties on businesses they believe are infringing on consumer law.
“In this case, the CMA has two concerns. First, whether the contract term is ‘unfair’ under consumer law; and second, how Ryanair presents the fee during the booking process.
"On fairness, the CMA is concerned that the balance may be weighted too heavily in favour of the business, as parents are charged to enable Ryanair to meet its own child safety and disability obligations that exist under aviation rules — obligations that exist regardless of whether a fee is paid. As the CMA notes, no reasonable parent would contemplate being seated away from their two year old child.
“Ryanair is the only major airline flying out of the UK to impose this charge. Although its website states ‘free reserved seats for kids under 12’, parents and guardians must pay a booking fee to access them, a presentation the CMA suggests may be misleading.
“The regulator will also examine whether the fee is being “drip priced” — added part way through the booking journey rather than disclosed upfront..
“Drip pricing is an unfair commercial practice that the DMCCA issued guidance on last year, stating that all mandatory fees must be clearly stated upfront in the headline price.
“If Ryanair isn’t upfront about all charges expected, it will be in breach of the guidance laid out in the DMCCA.”
What are the implications for Rynair?
“The CMA will continue its investigations throughout the year, with the next update on the case expected late 2026. Although Ryanair announced yesterday that it will drop the family seating charge and introduce free-of-charge seating for parents and children, the regulator has confirmed that its inquiry will still proceed. The CMA will assess not only the policy itself but also whether Ryanair’s previous practices breached consumer protection law.”
“If the CMA ultimately finds that Ryanairinfringed the DMCCA, the airline could still face several consequences. These may include fines of up to 10% of its global turnover, a requirement to change its terms and booking processes, refunds for affected customers, and reputational damage- particularly given the public scrutiny already generated by the investigation.”
“Ryanair’s decision to remove the fee may mitigate future risk, but it does not eliminate the possibility of enforcement action for past conduct.”
Implications for airline businesses under consumer protection law
“For airlines, the investigation highlights that mandatory and unavoidable charges must be clearly disclosed to customers from the outset, including in the headline price. Airlines cannot rely on the complexity of aviation rules or safety obligations to justify fees that are not transparent to consumers.
“It also shows that sector-specific regulatory duties, such as aviation safety or disability requirements, do not remove the need to comply with consumer protection law. Businesses are responsible for managing all of these requirements, not the customer, and the business cannot pass the responsibility on through unclear or unfair charges.
“Airlines should take the announcement from the CMA as a prompt to review how family seat-selection, and other ancillary charges are structured, explained, and presented to their customers. Terms must be fair, transparent, and easy for customers to understand, with no risk of drip pricing or misleading presentation..
Consumer protection has been a core enforcement priority for the CMA over the past year, and this case reinforces that businesses face a real prospect of regulatory action if they fail to comply. Airlines should be proactively reviewing their policies now — not waiting until an investigation forces them to act.”
If you are a business that operates in a consumer facing market directly or indirectly, get in touch with our Competition team experts.