EU COMPETITION LAW AND POLICY IN THE TOURISM SECTOR 29 sector, in particular25. It is against this complex background that our analysis revolves. Legally speaking, finding EU-level solutions to tourism-related issues is not straightforward, considering the EU competences in this field are limited to support, coordinate and supplement the actions of the Member States26. At the same time, being transversal in nature, tourism cuts through a number of policies with variable degrees of EU competence (internal market, including digital single market, transport, consumer protection, culture, etc.) and affects many (and differently regulated) economic activities and sub-sectors (air and land transport, hospitality sector, traditional tour operators and, more recently, online platforms). If the EU is to maintain its superiority in tourism, consolidation of efforts across policies will be necessary. For better or worse, competition, as the EU’s exclusive competence, is often central in the block’s efforts to materialise its broader ambitions. Competition law, as it stands, focuses on maximising consumer welfare and does not necessarily give regard to global competitiveness or non-economic considerations27; neither does it single out tourism as a specific sector. Therefore, the Treaty rules have been applied invariably to a large pool of tourism related actors over the years28. For greater clarity, we will first provide an overview of those different actors and the recent changes in the regulatory landscape, affecting their operation. Subsequently, the key competition law topics and the pertinent cases will be discussed. On the policy side, without engaging in the broader industrial vs competition policy debate, we observe that the EU competition policy is (expected to be) influenced by overarching political priorities. Suffice it to say that upon her recent reappointment, the EU Competition Commissioner, Margrethe Vestager was explicitly asked to “contribute to a strong European industry at home and in 25 Alongside with sustainability and workforce skills, digitalisation has been named as one of the main instigators of challenges and opportunities in the EU tourism sector. See: Conclusions of the Council of the EU: “The competitiveness of the tourism sector as a driver for sustainable growth, jobs and social cohesion in the EU for the next decade” (27.05.2019), available at: https://www.consilium.europa.eu/media/39512/st09707-en19.pdf Digital transformation of EU tourism has also been a priority for the Commission’s actions in the tourism field; see: https://ec.europa.eu/growth/sectors/tourism/support-business/digital_en. 26 Article 6 TFEU. 27 At the same time, innovation, as one of the main objectives of competition law, is taking a centre stage. 28 For example, competition in the transport sector has been on the agenda as early as 1958. See: Seventh general report on the activities of the Community, para. 102 (https://publications.europa.eu/en/publication- -detail/-/publication/48238140-ab59-4840-abcc-4d2765fd0ec8); Tourism development has been invoked as a justification for state aid at least since 1976; see: European Commission, VI Report on competition policy (https:// ec.europa.eu/competition/publications/annual_report/ar_1976_en.pdf ).
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