Portugal/EU, 2003

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.

Category	Subcategory	Score	Comment
Scope	Extraterritoriality	1	Scope extends to foreign corporations. 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.
	Obstacles to Entry	1	Article 82 of the EU Treaty prohibits anti-competitive pricing schemes.
	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.
	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.