Competition Law in Tourism

334 COMPETITION LAW IN TOURISM companies operating in the hospitality, transport, cultural and environmental services, as well as professionals acting as intermediaries between supply and demand, such as travel agencies. On the other hand, the public bodies are constituted by the central State and other territorial bodies (Regions, Provinces, and Municipalities). They are responsible for regulatory and administrative functions that affect the various aspects of the tourism phenomenon and often act as operators too – think of all the public goods of artistic and patrimonial value located on the national territory. The plurality of subjects and activities that characterises the sector, as well as the strong touristic appeal of the Italian territory, makes the tourism industry particularly dynamic. For this reason, the protection of competition is becoming central in this sector, and this also happens because of the constitutional interests that are directly and indirectly involved (such as environmental protection, health, culture, education and freedom of economic initiative). 1.2. In Italy, the protection of competition – a matter which falls within the competence of the central State – is entrusted to the Italian Competition Authority (hereinafter also ICA or Authority), established by law no. 287/90. This law entrusted the Authority with control functions over any operator who acts in the specific market being considered, to ensure compliance with the competition rules. In the exercise of these functions, the Authority can also make investigations to ascertain and sanction the violation of the prohibition of restrictive agreements on competition and the abuse of a dominant position. Furthermore, the legislator has attributed to the Authority some monitoring functions with reference to the legislative and regulatory activity carried out by the State and by other public bodies. In accordance with the Articles 21 and 22 of the aforementioned law, the Authority has the power to report to the Government, Parliament and competent Public Administrations the cases in which laws (already in force or in the process of being formed) and administrative acts introduce competition limitations and restrictions that cannot be justified by interests of a general scope. This type of activity is called advocacy activities. Moreover, through the procedure provided by the art. 21 bis of the law no. 287/90, the legislator has strengthened the Authority’s power to intervene in the

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