The Polish NCA is assessing whether this practice may, in effect, restrict competition (and abuse a dominant position) at the detriment of consumers by foreclosing the market for undertakings offering parking services at a certain distance from the airport. More precisely, there is the possibility that, in the absence of a frequent shuttle service, travellers will be reluctant to use the parking services which are not particularly close to an airport, and a shuttle service cannot operate on the strict terms which currently govern the Kiss & Fly rules. The Polish NCA will have to perform a balancing act between ensuring that the market for parking services is not foreclosed while, at the same time, keeping the Kiss & Fly zones operational – the removal of the restrictions could result in traffic jams, delays and debatable commercial practices such as taxis stationing there for a long period of time, in an attempt to pick up clients. Indeed, it may well be that the restrictions are indispensable for ensuring the smooth functioning of the Kiss & Fly zones. 

The Polish NCA is assessing whether this practice may, in effect, restrict competition (and abuse a dominant position) at the detriment of consumers by foreclosing the market for undertakings offering parking services at a certain distance from the airport. More precisely, there is the possibility that, in the absence of a frequent shuttle service, travellers will be reluctant to use the parking services which are not particularly close to an airport, and a shuttle service cannot operate on the strict terms which currently govern the Kiss & Fly rules. The Polish NCA will have to perform a balancing act between ensuring that the market for parking services is not foreclosed while, at the same time, keeping the Kiss & Fly zones operational – the removal of the restrictions could result in traffic jams, delays and debatable commercial practices such as taxis stationing there for a long period of time, in an attempt to pick up clients. Indeed, it may well be that the restrictions are indispensable for ensuring the smooth functioning of the Kiss & Fly zones.