434 COMPETITION LAW IN TOURISM of Law38 to implement Directive ECN+39 and reinforce significantly the CA’s powers in the context of investigations for alleged anticompetitive practices. The above referred supervisory and regulatory powers concerning “domestic” State aid and recommendations in the context of market studies, examinations and audits remain unmodified. As regards specifically the touristic sector, broadly considered the same is not a regulated activity from an economic perspective as such, unlike aviation activities40. Depending on the specific topic at stake, there are several public entities with competencies to apply the relevant legal framework on the Portuguese tourist sector. Amongst them are included entities belonging to the Ministry of Economy and Technological Transition, which hold complementary competences, such as Autoridade da Segurança Alimentar e Económica (“ASAE”)41 and specifically linked with this sector, Turismo de Portugal42. During the Economic and Financial Assistance Program to Portugal43 several measures concerning tourism were adopted and subsequently there has been increased investment on the touristic sector. When considering “touristic activities” in a broader sense (including air transport), the last five years were characterised by a significant increase of supply in various segments and the Portuguese authorities at different levels of government have adopted measures aiming at strengthening the competitiveness and competition in the sector. Such public measures include, amongst others, the ones concerning the activity of vehicles with drivers (such as Uber), which competes with taxis, the activity of vacation rentals online marketplace (such as Airbnb), which competes with traditional accommodation such as hotels, and the liberalisation of aviation routes, especially for the Azores and Madeira (while aiming at the safeguard of the continued provision of services of general economic interest). 38 Document available here https://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c324 679626d56304c334e706447567a4c31684a566b786c5a79394562324e31625756756447397a5357357059326c 6864476c32595338304e324d795a4449354d69316a4d444a6a4c5451355a444174596a56694e7930314f 474533596d4d774d6d46694f5759755a47396a65413d3d&fich=47c2d292-c02c-49d0-b5b7-58a7bc02ab9f. docx&Inline=true 39 Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market, published in the Official Journal (“OJ”) L 11, 14.1.2019, p. 3–33. 40 As regards “economic regulation”, it is relevant to note that since 2014 the aviation sector is supervised by the independent administrative entity ANAC – Autoridade Nacional da Aviação Civil (formerly Instituto Nacional de Aviação Civil, I.P.). 41 For more information, see: https://www.asae.gov.pt/. 42 See above note 11. 43
RkJQdWJsaXNoZXIy MTE4NzM5Nw==