11 May 2026
Bilbao
On 7 May, the Law School hosted the conference “Tourism and competition: the challenge of digital markets”, an event organised by the Basque Competition Authority in collaboration with the University of Deusto and the University of the Basque Country – EHU. Javier Hurtado, the Basque Government’s Minister for Tourism, Trade and Consumer Affairs, and Ainara Herce, Chair of the Basque Competition Authority, took part in this meeting, which aimed to analyse the challenges posed by digital platforms in the tourism sector.
The event brought together experts from the academic, institutional and business sectors to discuss issues such as market power, the role of digital platforms and regulatory challenges in the tourism sector. The programme featured presentations by representatives from the European Commission, the OECD and various industry stakeholders, as well as a round-table discussion focusing on accommodation services and the role of regulators.
According to Ainara Herce, Chair of the Basque Competition Authority, “the dynamism currently seen in the sector is good news for the Basque economy, but it also poses structural challenges, particularly in the local accommodation and housing markets.” The Basque Competition Authority has sought to make a constructive contribution. “In both the report on the draft Tourism Bill and the study on tourist rental properties, we have emphasised that the regulations must be consistent with the principles of sound economic regulation: necessity, proportionality, legal certainty and minimal distortion of competition,” she stated.
Regarding the possibility of public intervention, she stressed that it “can and must respond to legitimate objectives — such as access to housing, coexistence or urban planning — but it must do so while avoiding market closures, unjustified restrictions or barriers that limit competition beyond what is strictly necessary. At LEA/AVC, we reaffirm our commitment to an open, innovative and competitive tourism sector, aligned with European values and with the social and economic reality of the Basque Country,” she said.
During his remarks, the Basque minister argued for the need to strike a balance between sector-specific regulations and competition law, emphasising that “without regulation, there is neither freedom nor genuine competition”. In this regard, he emphasised that rules are essential to protect the public, safeguard business activity and ensure the market functions smoothly. One of the main focuses of his remarks was the impact of digital platforms on short-term tourist rental properties, a global phenomenon that also affects the Basque Country. Although their share of the overall housing stock is small (around 0.4%), he stressed the importance of anticipating their effects and avoiding problems arising from a lack of regulation.
The Basque Country was a pioneer in this area with the adoption of the 2018 Decree on tourist accommodation and room rentals, which introduced measures to protect both users and local residents, as well as to ensure fair competition. However, he acknowledged the difficulties encountered in enforcing the regulation, particularly due to the lack of cooperation from digital platforms and the legal limitations in sanctioning them.
In this context, he highlighted the progress represented by the European Regulation on short-term rentals, adopted in 2024, which makes it possible to improve transparency and data sharing between platforms and public authorities, and in the development of which the Basque Country has actively participated.
The event also outlined the main lines of action of the Basque Government in this area, including regulatory development through a new Tourism Act, the preliminary draft of which has already been presented, among others.
