422 COMPETITION LAW IN TOURISM debated with the Commission in the context of the state aid proceedings and will have an important impact on the tourism dynamics in Portugal. The biggest challenge for the European Union and for Member States thus lies on the deepening of asymmetries in terms of the impact of support measures by Member States (with a special focus on state aid ones). Thus, the approach of the Commission concerning state aid incompatible with the internal market is very important to attenuate distortions of competition (or ideally eliminate them). And the EU Courts’ scrutiny of the Commission’s decisions declaring the compatibility of state aid with the internal market is equally important to consider, notably on the burden of proof to be fulfilled and on the financial impact of any annulment of the Commission’s decisions and the subsequent orders for recovery of the unlawful aid. From a different yet complementary perspective and linked to anticompetitive practices in general, the Portuguese Competition Authority has made public that it remains particularly vigilant and active in the mission of detecting abuses and anticompetitive practices which exploit the COVID-19 pandemic in detriment of the economy and customers. It has adhered to the joint statement by the European Competition Network on the application of competition law during the coronavirus outbreak, reiterating that the objective of ensuring a level playing field between companies remains despite the COVID-19 crisis. In this context and as regards specifically merger control, special situations like the “failing firm” and the acquisitions not amounting tomergers gainnewrelevance for undertakings when reflecting upon the future strategy to adopt in challenging times. Huge challenges lie ahead, as first and foremost “the value chains in the tourism ecosystem are complex. Tourism is essentially a horizontal activity that depends on and influences several sectors and the success of the tourism industry lies in the synergies and sound interaction between them. Disruptions along the value chains may lead to significant losses for all stakeholders” (27 May 2021 Council Conclusions). Time is of the essence. B. PRELIMINARY REMARKS Writing about tourism and competition from a Portuguese perspective is as interesting an exercise as a challenge. This is especially due to the importance of this topic for the Portuguese people and for the economy. Moreover, the
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