Competition Law at Portugal
Here's a concise overview of Competition Law in Portugal:
⚖️ Legal Framework
The key legislation is the Portuguese Competition Act (Decree-Law No. 19/2012), which aligns with EU competition law principles, given Portugal’s EU membership.
Portugal also applies the Treaty on the Functioning of the European Union (TFEU) Articles 101 and 102 related to anticompetitive agreements and abuse of dominance.
📜 Key Provisions
Anticompetitive Agreements
Prohibition of agreements or concerted practices between undertakings that restrict or distort competition, including cartels like price-fixing and market sharing.
Abuse of Dominant Position
Firms holding a dominant position must not abuse it, such as through unfair pricing, limiting production, or discrimination.
Merger Control
Mergers and acquisitions that meet certain thresholds require notification to and approval by the Portuguese Competition Authority (Autoridade da Concorrência, AdC).
The AdC reviews transactions for potential harm to competition and may prohibit or impose remedies.
Unfair Commercial Practices
The Competition Act also addresses unfair commercial practices and deceptive advertising.
🏢 Enforcement Authority
The Autoridade da Concorrência (AdC) is the national competition regulator responsible for:
Investigating anti-competitive conduct.
Reviewing mergers.
Imposing fines and sanctions.
Promoting competition advocacy.
🔍 Recent Trends and Cases
The AdC actively investigates cartel behavior and abuse of dominance, especially in sectors like energy, telecommunications, and transport.
There has been increased focus on digital market competition.
The authority collaborates with the European Commission and other competition authorities in cross-border cases.
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