and functionalities of Google Search treat Alphabet’s own services (including hotel booking) more favourably compared to rival ones, thus not ensuring the transparent, fair and non-discriminatory treatment of third-party services as required by the DMA80. On 24 April the Portuguese Competition Authority (PCA) issued a Statement of Objections against a business association for setting minimum prices in the tourism sector, formally notifying the association in writing of the competition concerns identified 81. In June 2024 the PCA had opened an investigation which revealed evidence that the business association had fixed minimum prices to be charged by its member companies and other service providers in part of the Portuguese territory. This was done through the recommendation of prices listed in fee schedules, as well as by establishing the minimum percentage of price increases to be applied in the sector concerned. During the investigation, the AdC found out that the business association in question had engaged in this anti-competitive practice, at least, since 2020. According to the PCA, this investigation reflects its “ongoing efforts to detect and deter anti-competitive practices at regional level, as part of a broader strategy to engage more closely with the business community, public authorities and citizens across the country. This initiative is being implemented through the campaign “20 Years, 20 Cities – Competition Comes to You!”, which is currently underway”. And the same reminds that its advocacy efforts towards business associations resulted in the publication of its Guide to Business Associations (already in 2016). It is also interesting to note that the Italian Competition Authority AGCM imposed fines of almost 20 million euros over prolonged ticket unavailability, partly caused by bots and other automated hoarding tools which infringe the Consumer Code. The AGCM launched an investigation in July 2023 during which the same considers having gathered information indicating that the online 80 Under the DMA, gatekeepers must not treat their own services more favourably in ranking than similar services of third parties. Such ranking must be done in a transparent, fair and non-discriminatory way as referred in the Commission’s press release available at https://ec.europa.eu/commission/presscorner/detail/en/ip_25_811. 81 Case PRC/2024/4. Press release available at https://www.concorrencia.pt/en/articles/fixing-minimum-pricesresults-statement-objections-against-business-association-0 Following its investigation, whenever the PCA considers that there is a reasonable likelihood of adopting a final decision finding an infringement of competition law, it issues a Statement of Objections. Upon notification of the Statement of Objections, the PCA grants the association a reasonable period to exercise its rights of defence and to be heard in relation to any relevant matters, the evidence gathered, and the potential sanctions it may face. Once the investigation has been concluded and the rights of defence have been exercised, the PCA adopts a final decision. 147 THE SWEET&SOUR TASTE OF TOURISM AND COMPETITION LAW INTERACTION
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