TOURISM LAW AND COMPETITION – A PORTUGUESE PERSPECTIVE 475 The Commission expressly refers that the scope of the decision concerns the creation of the BPF and thus the assessment undertaken refers specifically to the compatibility of the measure. As a result, the decision “does not pronounce itself on the existence of aid (and the potential compatibility of such aid) related to BPF’s financing activities at the level of financial institutions, co-investors and final beneficiaries (Level II aid)”. To this should be added that “the Portuguese authorities will notify MEO interventions that are not covered by the ex ante determined market failures together with specific market failure studies to the Commission before implementing them”. And lastly, “the authorisation of the measures is limited until 31 December 2025. All plans to modify the measure, in particular with respect to further funding, the remit and duration, must be notified to the Commission”. The Decree-Law providing for BPF’s creation and attaching its bylaws has been published on 7 September and BPF’s is functioning. When considering the importance of state aid measures and schemes to address the COVID-19 crisis which have been adopted by other Member States with the involvement of the respective development banks, the creation of this Portuguese development bank was very timely. Although already managing some important credit lines implemented within the COVID-19 pandemic context, only time will tell about its effective contribution to the recovery of the Portuguese economy where there are market failures and notably its relevance for the recovery of tourism. F.3. The CA’s advocacy efforts given the exceptionality of times Regarding anticompetitive practices in general, the CA has made public169 that it remains particularly vigilant and active in the mission of detecting abuses and anti-competitive practices which exploit the COVID-19 pandemic situation in detriment of the economy and consumers. Therefore, the CA has exhorted suppliers, distributors and resellers from all sectors to adopt responsible business behaviours, considering that practices which could be deemed to threaten competition will, in the context of the COVID-19 economic crisis, aggravate the situation of families and of the economy. Subsequently, theCAissuedrecommendations to three associations of undertakings, two of them liable of also being relevant for the players in the touristic sector. 169 Communication 03/2020 of the Portuguese Competition Authority, dated 16 March 2020, available at: http://www.concorrencia.pt/vPT/Noticias_Eventos/Comunicados/Paginas/Comunicado_AdC_202003. aspx?lst=1&Cat=2020.
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