394 COMPETITION LAW IN TOURISM From these theories, it can be assumed that imitation is a desirable strategy; not only that, but it apparently benefits the sector. Successful imitation strategies arguably attract more firms to the cluster and in the same way, the more clustered a firm is, the more prone it is to be imitated. Nevertheless, the aforementioned ideas may directly contradict the purpose of UC law. Given the premise that imitation is a desirable strategy, it is safe to assume that the higher level of imitation, the higher likelihood of confusion for consumers. It is possible that because of the benefits and the need to form clusters, none of the stakeholders will feel affected by the imitation conducts. Another issue is that consumers sometimes do not have access to certain services, for numerous reasons, so they do not care about being confused or otherwise deluded if the service satisfies them enough. When the harm factor is subtracted from the confusion equation, what role would the administration play then? In a scenario where firms, the market and consumers are benefited, UC laws become relevant again. However, there is still not enough evidence for this or any other conclusion, which is why more studies are needed. 6. CONCLUSIONS Similar to other sectors or industries, tourism must incorporate innovative tools and mechanisms in order to stay competitive and generate value. Despite the many difficulties derived from the nature of the sector (e.g. its broadness, a large number of actors and the nature of the innovations), development and awareness are growing and have been documented in an increasing number of academic studies. Confusion-causing acts are a particular form of unfair competition which includes imitation acts and confusion acts. Although different in concept and constitutive elements, both acts result in confusion for the consumer and can harm other competitors. Given the nature of the tourism sector, there is an undeniable need for tourism companies to imitate others. The dynamics of clustering and integration involved in tourism, as well as the fact that most providers are SMEs, largely contributes to the fact that imitation is developed as a common strategy among stakeholders. Such a strategy is beneficial and therefore encouraged by all actors within the tourism ecosystem. Within the scope of protection of the UC law, the consumer is the most vulnerable. In this sense, administrations are able to act ex officio in order
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