Of all the changes introduced, some are concerning DECO, as those amendments open up the possibility of price fixing. The changes, which take effect this month, seek to respond to new challenges faced with the growth of online tourism business models and are focused on three legal regimes, according to DECO.
- In goods suppliers or services of accommodation in tourist spaces or local accommodation, the revision of the competition regime prohibits agreements that consist of establishing that the other party cannot offer better prices or better service conditions for the sale of the same good than those practiced by an intermediary on an electronic platform;
- The revision of the regime of standard contractual clauses, introducing the prohibition of clauses that establish excessive remuneration commissions or discriminatory clauses.
- The review of the individual restrictive commercial practices regime prohibits and fines the sale of goods or services in tourist accommodation, through an electronic platform, to a company or consumer for a lower price than the price of retail agreement with the supplier of the good or service provider.
Also, DECO criticises the latest amendment as the introduction of this rule comes smoothly and allows for price fixing prohibited by competition rules. DECO stated “that the imposition of the resale price restricts commercial freedom and allows price fixing, preventing the well-functioning of the market and prevent economic operators from practice better prices for consumers”.