The growing influence of competition law in tourism by Rosaria Garozzo

THE GROWING INFLUENCE OF COMPETITION LAW IN TOURISM addition to being both economic and environmental in nature, must also include aspects of a social, cultural and political nature. The attention that the European Commission devoted to the issues of environmental protection and climate change5 may became the key to inspire new forms of sustainable tourism, that guarantee the sustainable and responsible use of resources and the achievement of a fair distribution of income6. 2. THE EUROPEAN FRAMEWORK Article 195 of the TFEU requires the European Union to support the tourism sector through the application of certain measures; in particular, should promote tourism and the competitiveness of companies working in this field through the identification of objectives (such as the creation of a favourable environment for the development of tourism businesses and cooperation between the States). Tourism is governed by wide-ranging principles, which essentially have a national or European dimension, such as the principle of protection of competition and the freedom of economic initiative (articles 119, 101 and 102 TFUE). In February 2022, the Commission adopted its plan entitled "Transition Path for Tourism"7. The updated EU Industrial Strategy highlighted the need to strengthen the resilience of the tourism sector and accelerate the digital and green transitions based on the experience during the Covid-19 pandemic. The transition roadmap identified several measures concerning the green and digital transition of the tourism industry. Two years later, this first stock-taking exercise shows that the transition pathway co-creation process was successful in identifying key areas for action and defining relevant objectives to inspire different groups of stakeholders to take action. While this report identifies some suggestions for improvement, the overall approach has proven successful in supporting the 5 COM(2007)0621 ) of 19 October 2007 – Agenda for sustainable and competitive European tourism – defining how sustainable development could ensure the long-term competitiveness of tourism and announcing a three-year series of preparatory activities. 6 See A. Poliseno, Turismo sostenibile e condizionalità, in Rassegna di diritto pubblico Europeo, no. 1, 2024, p. 101 e ss.; also, with regard the topic of the drammatic rise of inequality and the role of competition in reducing economic inequality see: A. Boitani and A. Pezzoli, Antitrust e lotta alle disuguaglianze: obiettivo esplicito o esternalità consapevole?, Mercato, concorrenza e regole, no. 1-2, 2023, p. 15. 7. European Commission, Transition pathway for tourism, 2022, https://data.europa.eu/doi/10.2873/344425.

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