Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Competition Authority has 30 days from the date when the notification is effective to complete its enquiries (Section 49). Those deadlines may be suspended if the information provided is insufficient and up to 20 days where the notifying parties offer commitments. The Authority is empowered to request any information useful for its investigation from any undertaking (Section 43).
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Proceedings before the Competition Authority

Under the previous Act, notification of a concentration had to be made to the Competition Authority within seven working days of the conclusion of the agreement or the publication of a public bid. Such is no longer the case: the 2012 Act imposes no time-limit for notification of the agreement - as long as the transaction is not completed before clearance - and allows voluntary prenotifications even where an agreement has not yet been reached (Section 37).

Notification of a concentration, which must comply with the formal requirements of Regulation No 60/2013 of 14 February 2013, has a suspensory effect; the operation cannot be implemented as long as an authorizing decision has not been expressly or tacitly issued (Section 40). The Authority may grant derogation from the obligation to suspend the operation.

The Competition Authority may initiate ex officio proceedings where a merger has been implemented without prior notification (Section 56).

On 27 December 2022, the Competition Authority issued a best practices guide on gun jumping to promote the understanding of this illegal behavior and provide means to avoid it. 

Filing fees are set at EUR 7,500 where the previous financial year's combined turnover in Portugal of the undertakings concerned was at least EUR 150 million, EUR 15,000 where the combined turnover was between EUR 150 million and EUR 300 million, and EUR 25,000 where the combined turnover was more than EUR 300 million.

Merger notification

The Competition Authority has 30 days from the date when the notification is effective to complete its enquiries (Section 49). Those deadlines may be suspended if the information provided is insufficient and up to 20 days where the notifying parties offer commitments. The Authority is empowered to request any information useful for its investigation from any undertaking (Section 43).

At the end of the 30 day period, the Authority may decide that the operation is not a concentration, clear the concentration if it deems that it is not likely to create significant impediments to effective competition in the domestic market or a substantial part of it, or may launch an in-depth investigation where it believes that the merger may significantly impede effective competition (Section 50).

Where an in-depth investigation is decided, the Authority carries out a complementary inquiry within 90 days (Section 52). At the end of this period, the Authority may decide not to oppose or prohibit the concentration (Section 53).

If a concentration has effects on a regulated market sector, the Competition Authority requests a prior opinion from the sectoral regulation authority concerned (Section 55).

According to Law 17/2022, the search for and selection of information at dawn raids can now be carried out at the premises of the Portuguese Competition Authority. 

Global Competition Law

595. Proceedings before the Competition Authority

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Les notions juridiques connexes

595. Proceedings before the Competition Authority

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise