Competition Law in Tourism

Comparative Law Experiences: Refusal from Service Providers Diego Benítez1 1. Introduction; 2. E-commerce, Parity Clause & Unfair Competition; 3. Internet Intermediaries; 4. Other Examples in Comparative Tourism Law; 5. Intermediary Online Services and Consumers Protection; 6. The Argentinean Antitrust Law; 7. Final Remarks. 1. INTRODUCTION Comparative advantages, such as low labour costs and attractive exchange rates, had long been believed to be the only contributing factor to a successful tourism market. However, as Bordas2 pointed out, competitive advantages appear to be the key to assure the long‐term success of tourist destinations. He argued that efforts of governments should be focused on two areas: the strategic planning of the country’s tourist businesses, which guides the development of the public sector as well as the private one and the involvement of all the affected parts; and to establish a competitive environment for this kind of business, which should be the base of the tourism policy. In particular, competitive plans for clusters must be made and integrated on higher levels of region, destination or country, in order to create and enhance the well‐being of the residents3. Advancing destination competitiveness research: Comparison between tourists and service providers4: based on the Calgary Model of Competitiveness 1 Dr Diego Benítez; professor of Tourism Law, Sede Andina, Universidad Nacional de Río Negro, Patagonia Argentina; e-mail: dbenitez@unrn.edu.ar. Secretary-General of Sociedad Iberoamericana de Derecho del Turismo (SIDETUR). 2 See Bordas, E. Competitiveness of tourist destinations in long distance markets. The Tourist Review, 3: 3–9, 1994. 3 See Heath, 2003Heath, E. 2003, February. Towards a model to enhance destination competitiveness: A Southern African perspective Proceedings of the Council for Australian University Tourism and Hospitality Education (CAUTHE) 2003 National Research Conference, Coffs Harbour, Australia. 4 Journal of Travel & Tourism Marketing, 22(2): 61–71.Taylor & Francis Online.

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