Competition Law in Tourism

TOURISM LAW AND COMPETITION – A PORTUGUESE PERSPECTIVE 457 • Extension of the existing aid scheme SA.56873 (2020/N) until 30 June 2021; and • Extension of the scope of beneficiaries of the decision to micro and small enterprises that were already in difficulty on 31 December 2019. Within the scope of the decisions referred to above, several measures were implemented114, from which we highlight the APOIAR Program115, which aimed at creating a system of liquidity incentives to mitigate the negative impacts of health protection measures taken as a result of the COVID-19 pandemic. This program was financed by the European Structural and Investment Funds and by the reimbursement of incentives from community frameworks that had already been closed. It applied to the entire territory of mainland Portugal, and included 4 (four) different measures (i) APOIAR.PT; (ii) APOIAR RESTAURAÇÃO (TO SUPPORT THE RESTAURANT SECTOR); (iii) APOIAR + SIMPLES (TO SUPPORT + SIMPLE); and (iv) APOIAR RENDAS (TO SUPPORT RENTS). It supported SMEs of any nature and in any legal form, as well as companies of any nature that, although not being SMEs because they employed 250 people or more, fulfilled the criterion of having an annual turnover not exceeding EUR 50 million. In exchange of the aid, the beneficiaries undertook, during the period of granting support, counted from the application submission date and within 60 working days following the submission of the final payment request, not to: (i) distribute profits and dividends; (ii) terminate employment contracts under the terms of collective dismissal, dismissal due to extinction of the job or dismissal due to unsuitability, or initiate the respective procedures; or (iii) cease their activity. In addition to other national measures having been implemented within the 114 For example, implementation of (i) the credit line called “Linha de Apio à Economia COVID-19: Empresas Exportadoras da Indústria e do Turismo”, with the global amount of EUR 1 050 000 000 managed by the Banco Português de Fomento, directed at micro, small and medium-sized companies, as well as Small Mid Cap and Mid Cap and aimed at supporting employment of two of the most affected sectors: industry and tourism; for more information please refer to the website https://www.bpfomento.pt/pt/catalogo/linha-de-apoio-a-economia-covid19-empresas-exportadoras-da-industria-e-do-turismo/; and (ii) credit line called “Linha de Apoio à Economia COVID-19: Médias e Grandes Empresas do Turismo”, with the global amount of EUR 300 000 000 managed by the Banco Português de Fomento, directed at medium and large-sized companies and aiming at supporting employment in the tourism sector; for more information please refer to the website https://www.bpfomento.pt/pt/ catalogo/linha-de-apoio-a-economia-covid-19-medias-e-grandes-empresas-do-turismo/. 115 Republished by Ordinance No. 69-A/2021, of 24 March.

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