rules must be articulated and comply with broader policy aims provided for at EU level11. Amongst these aims are the following: The New Deal for Consumers 12, The Single Market Programme 13, and a “fairer society in Europe” by improving working conditions14. Both the European Union (“EU”) and the Portuguese competition law frameworks are applicable to all sectors of activity and do not provide for any distinction, except for the specificities of services of general economic interest in the situations provided in the applicable legal frameworks. II. A BIRD’S EYE ON THE APPLICATION OF COMPETITION RULES In brief, the boundaries of the scope of application of competition rules are set by the following features, as provided in the EU and the Competition Act and consolidated in the jurisprudence of the Court of Justice of the European Union (“CJEU”), including the General Court of the EU (“GCEU”)15: • Functional approach concerning the notion of “undertaking”, which includes any entity engaged in an economic activity, regardless of its legal status and the way in which it is financed; • The “entity” or entities must develop an “economic activity”, which as a rule consists of any activity consisting in offering goods or services on a given market; of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States”. 11 Article 4(3) TEU establishes the principle of sincere cooperation, according to which the EU and the Member States “shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties. The Member States shall take any appropriate measure, general or particular, to ensure fulfilment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union. The Member States shall facilitate the achievement of the Union’s tasks and refrain from any measure which could jeopardise the attainment of the Union’s objectives”. 12 On 11.04.2018, the Commission proposed the New Deal for Consumers, so as to ensure that all European consumers fully benefit from their rights under Union law and comprised a set of specific aims. See the press release https://ec.europa.eu/commission/presscorner/detail/en/IP_18_3041. This aim developed into a set of pillars which reflected the desire for the EU to regulate online platforms (such as the travelling ones). 13 The Single Market Programme is the EU funding programme to help the single market reach its full potential and ensure Europe’s recovery from the COVID-19 pandemic, which included consumer protection. More information available at https://commission.europa.eu/funding-tenders/find-funding/eu-funding-programmes/ single-marketprogramme/overview_en. 14 See notably “Better working conditions for a stronger social Europe: harnessing the full benefits of digitalisation for the future of work – Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions”, dated 9.12.2021 (with reference COM(2021) 761 final); and Guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons – Communication from the Commission. 15 See for all Faull and Nikpay: The EU Law of Competition, Third Edition, 2014, Oxford University Press, ISBN: 9780199665099. 130 MARGARIDA ROSADO DA FONSECA
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