Portugal (October 29 1993)

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”).

Category	Subcategory	Score	Comment
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.
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
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
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
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
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
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.