438 COMPETITION LAW IN TOURISM main criteria in the choice of a hotel is location and on the basis of a NUTS II coverage. However, given that no competition concerns arose from any of these acquisitions59, the CA has left the product and geographic market definitions open. There were no in-depth investigations concerning the accommodation activities in the context of merger control proceedings and neither were there any non-opposition decisions with remedies proposed by the Notifying Parties so as to eliminate competition concerns. D.2. Other areas of competition law and enforcement As regards the investigation and sanctioning of anticompetitive practices, there is not a relevant decisional practice concerning the last years, which would be worthwhile referring specifically as concerns the tourism sector. This is without prejudice to noting that in terms of the restaurant industry, the PCA has condemned beer producer Super Bock in 2019 for price fixing in the resale of its products in the on-trade distribution channel for over ten years60. According to public information, this decision was appealed and the ruling is pending. Regarding the CA’s activity concerning the advocacy of competition and the tourism sector, highlight should be given to the July 2020’s set of four recommendations of the CA addressed to the Government (as awarding authority) on the concession concerning touristic and sports activities in Serra da Estrela. According to the CA, the same recommendations aimed at “ensuring surveillance and efficient implementation of the goals to the achieved by the concession agreement, and also promote more transparency and competition in the subconcession of the services provided in the contract”. These followed the CA’s analysis of the competitive impact of public policies in the context of the assessment of a complaint lodged in February of the same year from an Intermunicipal Community in the Serra da Estrela area. The same alleged that the duration (60 years) and geographic scope of the same concession (which includes third party properties) impeded competition in “areas, sites and sectors” in the Serra da Estrela area61. 59 See for all, cases Ccent 13/2020 - Barceló / Deneb, Ccent. 38/2016 – Oxy Capital / Hotel da Praia, Ccent. 14/2013 – Fundo Recuperação Turismo / Grupo CS, Ccent. 20/2013 – ECS / Grande Bunganvília and Ccent. 35/2014 – Oxy Capital / Turleader e Activos Grano Salis. 60 Press release 15/2019, published on 25.07.2019 and available at: http://www.concorrencia.pt/vPT/Noticias_ Eventos/Comunicados/Paginas/Comunicado_AdC_201915.aspx?lst=1&Cat=2019. 61 For more information, please consult the CA’s website in this link: http://extranet.concorrencia.pt/ PesquisAdC/EPR_Page.aspx?Ref=EPR_2020_17.
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