Competition Law in Tourism

28 COMPETITION LAW IN TOURISM stimulate “genuine integrating force”14 and “quality and competitiveness”15 of European tourism. The EU-level action emphasised its growth and employment while taking into account sustainability16 considerations, the latter becoming more and more prominent over the years17. The Lisbon Treaty confirmed heightened focus on the sector’s competitiveness18: labelled as “the world’s number 1 tourist destination”19, the EU aims to keep that leadership20, but the pressure is high. Travel habits evolve and less explored destinations penetrate the travellers’ bucket lists. Whereas in 1950, two-thirds of tourists arrived in Europe21, almost seven decades later, this ratio decreased substantially. Tourism in emerging economy destinations is projected to grow twice as fast, compared to advanced tourism economies22. Technological solutions changing the nature of traditional tourism are mainly developed outside the EU, and even space tourism, expected to scale-up in coming years, is dominated by non-European companies23. Digitalisation, as a powerful global trend, has been recognised as one of the key factors affecting the EU’s economy in general24, and the tourism 14 See, e.g., European Commission’s press release upon declaration of 1990 as “the European Year of Tourism”, available at: https://europa.eu/rapid/press-release_IP-89-891_en.htm. 15 See, e.g., EC press release concerning the First Multiannual Programme to assist European Tourism (1997- -2000) – “Philoxenia Program”, available at: https://europa.eu/rapid/press-release_IP-96-366_en.htm; See also: the “Action plan of tourism for 1993-1995” (Council, 1992); the Commission Green Paper “On the role of the Union on tourism” (EC, 1995); European Council of 21 June 1999 on the topic of “Tourism and employment”; EC Communication “Working together for the future of European tourism” (COM(2001) 0665). 16 Sustainable tourism is defined by UNWTO as “Tourism that takes full account of its current and future economic, social and environmental impacts, addressing the needs of visitors, the industry, the environment and host communities” (http://www2.unwto.org/content/about-us-5). 17 The Communication from the Commission on “Agenda for a sustainable and competitive European tourism” (2007); European Framework for Action on Cultural Heritage (2018). 18 Article 195 TFEU: “The Union shall complement the action of the Member States in the tourism sector, in particular by promoting the competitiveness of Union undertakings in that sector” (emphasis added). 19 The Communication from the Commission on “Europe, the world’s No 1 tourist destination – a new political framework for tourism in Europe” (2010). 20 See, e.g., European Commission: Tourism, available at: https://ec.europa.eu/growth/sectors/tourism_en. 21 Max Roser, Tourism, supra note 7. 22 OECD, Tourism Trends and Policies 2018, available at: https://www.oecd-ilibrary.org/docserver/tour-2018- -en.pdf?expires=1570444094&id=id&accname=guest&checksum=FE33D0387BFB664B7E80B6A07F51F279. 23 See, e.g., Jonathan O’Callaghan, 2019 is the year that space tourism finally becomes a reality. No, really, 24.01.2019, https://www.wired.co.uk/article/spacex-blue-origin-space-tourism; Space Tourism: 5 Space Companies That Will Make You An Astronaut, available at: https://www.revfine.com/space-tourism/. 24 MLEX: Europe’s EUR9.2 billion digital budget plans for 2021-2027 get parliament’s approval, 18.04.2019, available at: https://www.mlex.com/GlobalAntitrust/DetailView.aspx?cid=1084512&siteid=190&rdir=1.

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