Portugal (October 29 1993) - Revision history

Kajrozga at 00:30, 14 January 2009

2009-01-14T00:30:55Z

← Older revision		Revision as of 00:30, 14 January 2009
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	'''Score = 20'''		'''Score = 20'''

	''Governed by:'' Decree Law No. 371/93 of 29 October 1993 on ~~protection~~ and ~~promotion~~ of ~~competition~~ (hereinafter referred to as “Competition Act”).		''Governed by:'' Decree Law No. 371/93 of 29 October 1993 on Protection and Promotion of Competition (hereinafter referred to as “Competition Act”).
	<ref>Competition Law in the EU, at 711- 731.</ref>		<ref>Competition Law in the EU, at 711- 731.</ref>

Kajrozga at 06:46, 8 January 2009

2009-01-08T06:46:09Z

← Older revision		Revision as of 06:46, 8 January 2009
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	'''Score = 20'''		'''Score = 20'''

	''Governed by:'' Decree-Law No. 371/93 of 29 October 1993 on protection and promotion of competition (hereinafter referred to as “Competition Act”).		''Governed by:'' Decree Law No. 371/93 of 29 October 1993 on protection and promotion of competition (hereinafter referred to as “Competition Act”).
	<ref>Competition Law in the EU, at 711- 731.</ref>		<ref>Competition Law in the EU, at 711- 731.</ref>

Kajrozga at 12:40, 8 September 2007

2007-09-08T12:40:34Z

← Older revision		Revision as of 12:40, 8 September 2007
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	'''Score = 21'''		'''Score = 20'''

	''Governed by:'' Decree-Law No. 371/93 of 29 October 1993 on protection and promotion of competition (hereinafter referred to as “Competition Act”).		''Governed by:'' Decree-Law No. 371/93 of 29 October 1993 on protection and promotion of competition (hereinafter referred to as “Competition Act”).

Kajrozga at 12:33, 8 September 2007

2007-09-08T12:33:06Z

← Older revision		Revision as of 12:33, 8 September 2007
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	'''Score = 22'''		'''Score = 21'''

	''Governed by:'' Decree-Law No. 371/93 of 29 October 1993 on protection and promotion of competition (hereinafter referred to as “Competition Act”).		''Governed by:'' Decree-Law No. 371/93 of 29 October 1993 on protection and promotion of competition (hereinafter referred to as “Competition Act”).

Kajrozga at 00:24, 4 August 2007

2007-08-04T00:24:47Z

← Older revision		Revision as of 00:24, 4 August 2007
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	\|		\|
	\| Public Interest (Pro D)		\| Public Interest (Pro D)
	\| 0		\| 1
	\|		\| Article 10 (2) (b) permits otherwise impermissible mergers that improve international competitiveness.

	\|-		\|-
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	\|		\|
	\| Other		\| Other
	\| 1		\| 0
	\| ~~Article 10(2)(b) allows certain otherwise banned mergers if they would significantly increase international competitiveness.~~		\|

	\|-		\|-
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	\| Eliminating Competitors		\| Eliminating Competitors
	\| 0		\| 0
	\|		\|

	\|-		\|-

Kajrozga: New page: '''Score = 22''' ''Governed by:'' Decree-Law No. 371/93 of 29 October 1993 on protection and promotion of competition (hereinafter referred to as “Competition Act”). Competition...

2007-07-31T01:43:09Z

New page: '''Score = 22''' ''Governed by:'' Decree-Law No. 371/93 of 29 October 1993 on protection and promotion of competition (hereinafter referred to as “Competition Act”). <ref>Competition...

New page

'''Score = 22'''

''Governed by:'' Decree-Law No. 371/93 of 29 October 1993 on protection and promotion of competition (hereinafter referred to as “Competition Act”).
<ref>Competition Law in the EU, at 711- 731.</ref>

{| class="wikitable"
|-
! Category !! Subcategory !! Score !! Comment

|- class="categorydivision"
| Scope
| Extraterritoriality
| 1
| Article 1(2) says that the Competition Act applies to any restrictions occurring outside of the country that have an effect on Portugal.

|- class="categorydivision"
| Remedies
| Fines
| 1
| Article 27(1)(c) allows for fines for certain violations of the Competition Act.

|-
|
| Prison Sentences
| 1
| The Portuguese criminal law allows for prison sentence for certain violations that fit under the provisions of the Competition Act.

|-
|
| Divestitures
| 0
|

|- class="categorydivision"
| Private Enforcement
| 3rd Party Initiation
| 1
| 3rd parties are entitled to file complaints to the DGCC about competition violations.

|-
|
| Remedies Available to 3rd Parties
| 0
|

|-
|
| 3rd Party Rights in Proceedings
| 0
|

|- class="categorydivision"
| Merger Notification
| Voluntary
| 0
|

|-
|
| Mandatory
| 3
| Article 7 requires prior notification of concentrations.

|-
|
| Pre-merger
| 2
| Article 7 requires prior notification of concentrations.

|-
|
| Post-merger
| 0
|

|- class="categorydivision"
| Merger Assessment
| Dominance
| 1
| Article 10 prohibits all mergers not exempted by a later provision that strengthens the dominant position.

|-
|
| Restriction of Competition
| 1
| Article 10 prohibits all mergers not exempted by a later provision that may restrict competition.

|-
|
| Public Interest (Pro D)
| 0
|

|-
|
| Public Interest (Pro Authority)
| 0
|

|-
|
| Other
| 1
| Article 10(2)(b) allows certain otherwise banned mergers if they would significantly increase international competitiveness.

|-
|
| Efficiency
| 0
|

|- class="categorydivision"
| Dominance
| Limits Access
| 1
| Article 2(1)(c) prohibits limiting and controlling production.

|-
|
| Abusive Acts
| 1
| Article 3(4) says that if a dominant corporation engages in any of the acts listed in Article 2(1) it will constitute an abuse of a dominant position.

|-
|
| Price Setting
| 1
| Price setting is banned in Article 2(1)(a)

|-
|
| Discriminatory Pricing
| 1
| Article 2(1)(e) prohibits discriminatory pricing.

|-
|
| Resale Price Maintenance
| 1
| Although not explicitly provided for, the Council has stated that this was intended to be included under the Article 2 prohibitions.

|-
|
| Obstacles to Entry
| 0
|

|-
|
| Efficiency Defense
| 0
|

|- class="categorydivision"
| Restrictive Trade Practices
| Price Fixing
| 1
| Article 2(1)(a) bans price fixing.

|-
|
| Tying
| 1
| Article 2(1)(g) prohibits tying.

|-
|
| Market Division
| 0
|

|-
|
| Output Restraint
| 1
| Article 2(1)(c) prohibits limiting or controlling production.

|-
|
| Market Sharing
| 1
| Article 2(1)(d) prohibits market sharing.

|-
|
| Eliminating Competitors
| 0
|

|-
|
| Collusive Tendering/Bid-Rigging
| 0
|

|-
|
| Supply Refusal
| 1
| Article 2(1)(f) prohibits refusing to sell or buy products.

|-
|
| Efficiency Defense
| 1
| Article 5 allows a possible exemption for agreements that improve the production or distribution of goods or service or promote technical or economic progress.

|}

== References ==
<references />