Digital, Digital markets, Digital Markets Act, Enforcement, European Commission

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Key message The discretion afforded to the European Commission (‘EC’) is of central importance with regard to the implementation and enforcement of the Digital Markets Act (‘DMA’). If viewed as arbitrariness, particularly in view of a normative framework that arguably permits such a perspective, the European Commission’s decisions may potentially jeopardise the rule of law…

Portugal, Sustainability

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Both Member States and the European Union (‘EU’) have pledged their commitment to the United Nations 2030 Agenda for Sustainable Development (‘Agenda’) and its 17 Sustainable Development Goals (‘SDGs’). The Agenda represents a comprehensive common framework for sustainable development. The objective is to achieve a better and more sustainable future for all by eradicating poverty,…

European Court of Justice, Exemptions, National competition authorities (NCAs), National court, Portugal, Price fixing, Resale price maintenance, Restriction by object, Unilateral effects, Vertical agreements

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Introduction On 29 June 2023, the European Court of Justice (ECJ or Court) issued its judgment in case C-211/22, where it reiterates the legal framework applicable to vertical price fixing agreements under EU competition law. The focus on the need to assess the legal and economic context in which the agreement is celebrated is particularly…

Digital competition, Digital economy, Digital markets, Digital Markets Act

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The Digital Markets Act entered into force in November 2022 and the bulk of its provisions will start applying in all Member States from 2 May 2023. With this European Union Regulation, a wide range of obligations and prohibitions arise for companies designated as gatekeepers by the European Commission. These rules are intended to ensure…

Gun jumping, Merger control, Merger notification, Merger Thresholds, Mergers, Portugal, Turnover allocation, Turnover thresholds

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As in most jurisdictions, the Portuguese Competition Act (‘PCAct’) provides for an ex-ante merger control regime, according to which concentrations above certain thresholds are subject to mandatory pre-notification. Three alternative thresholds apply i) a turnover threshold, ii) a standard market share threshold and iii) a de minimis market share threshold (see Article 37 of the PCAct)….