Portugal/EU, 2003

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Score = 24

Governed by: Articles 81 and 82 of the Treaty on European Union [hereafter EU Treaty], and European Commission Regulations 1/2003 [hereafter "CR 1/2003"] and 139/2004 [hereafter “CR 139/2004], as well as national legislation.[1]

Category Subcategory Score Comment
Scope Extraterritoriality 1 EU law governs whenever conduct has effects on trade between Member States pursuant to Article 3 of Regulation 1/2003. Article 1(2) of the Portugese Competition Act prohibits anti-competitive conduct that occurs abroad having an effect in Portugal.
Remedies Fines 1 Articles 43, 45, 46 of the Portugese Competition Act allow the Competition Authority to impose fines.
Prison Sentences 0
Divestitures 1 Article 7 of CR 1/2003 allows for structural remedies. Article 37 of the Portugese Competition Act allows for divestiture of improper mergers.
Private Enforcement 3rd Party Initiation 1 Article 24 and 25 of the Portugese Competition Act require the national Competition Authority to initiate investigations upon 3rd party requests.
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 3 Article 9 of the Portugese Competition Act requires merger notification.
Pre-merger 2 Article 9 of the Portugese Competition Act requires pre-merger notification.
Post-merger 0
Merger Assessment Dominance 1 Article 12 of the Portugese Competition Act prohibits mergers that strengthen dominant positions.
Restriction of Competition 1 Article 12 of the Portugese Competition Act prohibits mergers that restrict competition.
Public Interest (Pro D) 1 Article 12(L) of the Portugese Competition Act allows otherwise impermissible mergers that contribute to international competitiveness.
Public Interest (Pro Authority) 0
Other 0
Efficiency 1 Article 12 of the Portugese Competition Act permits pro-competitive justifications for otherwise impermissible mergers.
Dominance Limits Access 1 Article 82(b) of the EU Treaty prohibits abuse of a dominant position.
Abusive Acts 1 Article 82 of the EU Treaty prohibits abuse of a dominant position.
Price Setting 1 Article 82(a) of the EU Treaty prohibits price setting.


Discriminatory Pricing 1 Articles 81(1)(d) and 82(c) of the EU Treaty, prohibit discrimatory conditions.
Resale Price Maintenance 1 Article 81 of the EU Treaty prohibits minimum resale price restrictions.[2]
Obstacles to Entry 1 Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.[3]
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Articles 81(1)(a) of the EU Treaty prohibits price fixing.
Tying 1 Articles 81(1)(e) and 82(d) of the EU Treaty prohibit tying.
Market Division 1 Article 81 of the EU Treaty prohibits customer allocation clauses.[4]
Output Restraint 1 Article 81(1)(b) of the EU Treaty prohibits limiting production.


Market Sharing 1 Article 81(1)(c) of the EU Treaty prohibits market sharing.
Eliminating Competitors 1 Article 81(1) of the EU Treaty prohibits agreements that have the purpose or effect of eliminating competition.
Collusive Tendering/Bid-Rigging 1 Article 81 of the EU Treaty prohibits bid-rigging.
Supply Refusal 1 Article 81(1)(b) of the EU Treaty prohibits supply refusal.
Efficiency Defense 1 Article 81(3) of the EU Treaty allows an efficiency defense.

References

  1. EU statutes and regulations available online from the European Competition Network, at http://ec.europa.eu/comm/competition/ecn/documents.html
  2. EC Competition Law, at 97.
  3. Id, at 283.
  4. Id, at 97.