Portugal (June 11 2003)
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Score = 20
Governed by: Decree Law No. 18/2003 of 11 June 2003 (hereinafter referred to as “Competition Act”). [1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 1 | Article 1(2) prohibits anti-competitive conduct that occurs abroad having an effect in Portugal. |
| Remedies | Fines | 1 | Article 43, 45, 46 allow the Competition Authority to impose fines. |
| Prison Sentences | 0 |
| |
| Divestitures | 1 | Article 37 allows for divestiture of improper mergers. | |
| Private Enforcement | 3rd Party Initiation | 1 | Article 24 and 25 require the 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 requires merger notification. | |
| Pre-merger | 2 | Article 9 requires pre-merger notification. | |
| Post-merger | 0 | ||
| Merger Assessment | Dominance | 1 | Article 12 prohibits mergers that strengthen dominant positions. |
| Restriction of Competition | 1 | Article 12 prohibits mergers that restrict competition. | |
| Public Interest (Pro D) | 1 | Article 12(L) allows otherwise impermissible mergers that contribute to international competitiveness. | |
| Public Interest (Pro Authority) | 0 | ||
| Other | 0 | ||
| Efficiency | 1 | Article 12 permits pro-competitive justifications for otherwise impermissible mergers. | |
| Dominance | Limits Access | 1 | Article 6(3)(a) prohibits dominant firms from limiting access. |
| Abusive Acts | 1 | Article 6(3) prohibits abusive acts by dominant firms.
| |
| Price Setting | 1 | Article 6(3)(a) prohibits price fixing. | |
| Discriminatory Pricing | 1 | Article 4(1)(e) prohibits price discriminating agreements. | |
| Resale Price Maintenance | 0 | ||
| Obstacles to Entry | 0 | ||
| Efficiency Defense | 0 | ||
| Restrictive Trade Practices | Price Fixing | 1 | Article 4(1)(a) prohibits price fixing. |
| Tying | 1 | Article 4(1)(g) prohibits tying arrangements. | |
| Market Division | 0 | ||
| Output Restraint | 1 | Article 4(1)(c) prohibits agreements that "limit or control production" | |
| Market Sharing | 1 | Article 4(1)(d) prohibits market sharing. | |
| Eliminating Competitors | 0 | ||
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 1 | Article 4(1)(f) prohibits supply refusal agreements. | |
| Efficiency Defense | 1 | Article 5 allows otherwise impermissible agreements that "contribute to improving the
production or distribution of goods and services or promoting technical or economic development" |