TOURISM LAW AND COMPETITION – A PORTUGUESE PERSPECTIVE 433 competition policy priorities are due to be published by the CA on its website during the last quarter of each year and must not make any sectoral reference where its sanctioning powers are concerned. The domestic competition framework comprises first and foremost the Competition Act34. The intricate wording of article 7 of the Competition Act is worthwhile referring to “The Competition Authority shall exercise its sanctioning powers on a case- -by-case basis, whenever the public interest of pursuing and punishing infringements of competition rules determines the initiation of administrative offence proceedings, taking into account in particular the priorities in competition policy and the elements of fact and of law brought by the parties to the file, as well as the seriousness of the alleged infringement, the likelihood of being able to prove its existence and the extent of investigation required to fulfil as well as possible its mission to ensure compliance with articles 9 [Agreements, concerted practices and decisions by associations of undertakings], 11 [Abuse of a dominant position] and 12 [Abuse of economic dependence] of this law and articles 101 and 102” of the TFEU. In line with what has been referred hereinbefore, the CA has competence to apply EU competition rules in individual cases in the situations provided in Regulation (EU) No. 1/200335 and the Competition Act. Along the same lines, Portuguese courts are also competent to apply EU36 and national competition rules. It should be highlighted that in its Competition Policy Priorities for 2021, the PCA has stated that “it is important […] also to affirm with the legislative decision-maker the principle of an economy open to competition so that such principle underlies the economic recovery” and thus “contribute to the economic recovery by promoting the elimination of structural and legal barriers”37. On 21 May 2021, the Government submitted to the Parliament a Proposal 34 See above note 33. 35 Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 101 (formerly 81) and 102 (formerly 82) of the TFEU, as amended (Regulation 1/2003). Please see especially articles 3 and 5 of this Regulation. 36 See especially article 6 of Regulation 1/2003 above referred in note 34. 37 Document available at http://www.concorrencia.pt/vEN/A_AdC/Instrumentos_de_gestao/Documents/ Competition%20Policy%20priorities%20for%202021.pdf
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