Competition Law in Tourism

EU Competition Law and Policy in the Tourism Sector In exactly the same manner as the artist feels an invincible desire to paint, and the poet to give free course to his thoughts, so I was hurried away with an unconquerable wish to see the world.1 Bertold Bär-Bouyssière2 Keti Zukakishvili3 Sander De Volder4 Abstract; 1. Introduction; 2. Tourism in the EU: Mapping the Key Actors; 2.1. “Traditional” actors and EU rules applicable to them; 2.2. Online intermediaries and recent Platform-to-Business regulation; 3. Evolution of Market Definition; 3.1. Relevant product market; 3.2. Relevant geographic market; 3.3. Outlook; 4. Concentrations; 4.1. Horizontal concentrations; 4.2. Non-horizontal concentrations; 5. Anti-Competitive Agreements, Concerted Practices and Decisions; 5.1. Horizontal agreements; 5.2. Vertical agreements; 5.3. Outlook; 6. Abuse of a Dominant Position; 6.1. Pricing abuses; 6.1.1. Excessive pricing; 6.1.2. Predatory pricing; 6.1.3. Zero pricing; 6.1.4. Rebates and discriminatory pricing; 6.1.5. Geo- -blocking and other geographically-based restrictions; 6.2. Non-pricing abuses; 6.2.1. Refusal to supply; 6.2.2. Predatory Innovation; 6.3. Outlook; 7. State Aid; 7.1. Core elements of state aid; 7.2. Overview of the Commission’s decisional practice in the tourismsector; 7.3. Outlook; 8. Conclusion:Trends andExpectations; Bibliography. 1 Ida Pfeiffer, A Woman’s Journey Round the World, Library of Alexandria, 1852. 2 Dr. Bertold Bär-Bouyssière, LLM, is one of the leading practitioners of competition law in Brussels and Germany. Bertold has more than 25 years of experience in the field. A partner with DLA Piper’s Brussels and German offices, Bertold is a Fulbright alumnus and admitted to the New York, German and Brussels bars. Bertold currently heads the EU Competition team in Brussels and also has responsibilities as Elected Member of DLA Piper’s International Board. Since 2017, Bertold serves as ElectedCo-Chair of AmChamEU’s Competition Policy Committee. 3 Keti Zukakishvili is a LLM graduate from the College of Europe in Bruges, currently working as Legal Advisor at DLA Piper’s Litigation and Regulatory team in Brussels. During her work as Academic Assistant at the European Legal Studies department of the College of Europe, Keti has co-authored and co-edited “Georgian Competition Law” – the first modern antitrust textbook in Georgian language. Keti has also completed traineeships at the Legal Service of the European Commission and the Competition Division of the OECD. 4 Sander De Volder is a Master of Laws graduate (2019, Ghent University, Belgium) who interned at DLA Piper’s Brussels office under the supervision of Bertold in July 2019. Sander is currently pursuing a bilingual (French and English) LLM in European Competition and Intellectual Property Law at the University of Liège (Belgium).

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