Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)

Carlos Botelho Moniz

Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Partner

Carlos Botelho Moniz joined MLGTS in 2001 as a partner. He coordinates the European Law and Competition team. His experience includes advising and representing clients in competition cases, both at the national and European level, in the areas of anti-trust, merger control, state aids and services of general economic interest. He has extensive experience in representing Portuguese authorities and private parties before the European Court of Justice and the General Court of the European Union. He has been legal counselor in several leading cases. He also has significant experience in cases brought before the European Court of Human Rights. Carlos is a Visiting Professor of EU Litigation at the Law School and at the Institute of European Studies, both at the Portuguese Catholic University.

Linked authors

Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)
Morais Leitão, Galvão Teles, Soares da Silva (Porto)
Morais Leitão, Galvão Teles, Soares da Silva (Porto)
Morais Leitão, Galvão Teles, Soares da Silva (Lisbon)

Articles

2227 Bulletin

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Supreme Administrative Court gives interpretation to the concept of net creation of jobs within the meaning of State aid rules

45

Background & facts of the case The Agriculture and Fisheries Funding Institute (“AFFI”) adopted an act unilaterally modifying a funding agreement entered into with a beneficiary on 14 January 2013 and ordering the reimbursement of € 30,964.78, previously attributed as a non-refundable grant (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Supreme Administrative Court decides that, notwithstanding a government decree excluding firms operating in agriculture, an agribusiness may reap the benefits of a corporate tax-relief scheme (Tax Benefits)

19

Background and facts of the case The appellant undertaking brought a claim before the Supreme Administrative Court (“SAC”) against the sentence rendered by the Leiria Administrative and Tax Court, which dismissed the judicial claim brought against the payment of additional Corporate Income Tax (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Supreme Administrative Court considers the distinction between "establishment" and "undertaking" in the context of EU State aid rules (Miranda do Douro)

10

Background & facts of the case The municipality of Miranda do Douro brought a claim before the Supreme Administrative Court (“SAC”) against the ruling rendered by the Northern Central Administrative Court, which considered that the conditions for the exemption of property transfer taxation (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Southern Central Administrative Court rejects a claim by a food distributor on the grounds that they do not have locus standi to challenge a levy funding an animal carcass collection system under EU State aid rules (“Food Safety Plus” Tax)

14

Background & facts of the case The Appellant, a company in the sector of retail distribution of food products that owns and manages several brands and shops, brought a claim before the Southern Central Administrative Court (“SCAC”) against the sentence rendered by the Lisbon Administrative (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Supreme Administrative Court determines that levy to fund the national wine regulator does not constitute State aid on the grounds that all economic agents in the market are affected and that any effect is de minimis (Wine and Vine Institute)

17

Background and facts of the case This judgement arises from an appeal against the ruling issued by the Administrative and Tax Court of Viseu, which dismissed the action brought by the appellant against the decision of the Wine and Vine Institute (Instituto do Vinho da Vinha) ordering the (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Competition Authority sanctions supplier recommended retail sale prices materially imposed as minimum prices before retailers (Sera / Unipessoal)

158

I. Background The Portuguese Competition Authority (PCA) decision of 21 March 2013, in case PRC 2009/12, was triggered by an antitrust complaint of June 2009, filed by a national online retailer (Pet4you) active in the sale to end consumers of aquarium products against Sera GmbH and Sera (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Competition Authority holds that the non-timely execution of a divesture commitment leads to an opposition decision (Powervia / Laso)

238

I. Introduction On April 20, 2011, the Portuguese Competition Authority (PCA) was notified of a concentration under which Powervia, S.A. (Powervia), an investment fund, notified the acquisition of sole control over the following companies: Laso – Transportes, S.A., Auto – Laso, S.A. and Probilog (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Competition Authority sanctions abusive behaviour by a dominant company before national health service hospitals (Roche Farmacêutica Química)

203

I. Background The Portuguese Competition Authority (PCA) decision of 12 April 2012, in case PRC 2008/10, was triggered by an antitrust complaint lodged on June 2008 against Roche Farmacêutica Química, Lda (Roche) by a competitor also active in supply of medicinal products to Portuguese National (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Competition Authority considers mere coordinated contacts between two companies can consubstantiate a merger (Zon / Ar Telecom concentration)

234

I. Introduction On December 9, 2011, the Portuguese Competition Authority (PCA) was notified of a concentration under which Zon TV Cabo Portugal (Zon) notified the acquisition of a group of assets, specifically the residential customers of AR Telecom – Acesso e Redes de Telecomunicações (AR (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Supreme Administrative Court draws to a close the long-running private dispute over State aid in the public transport sector, declaring that the complainants have locus standi and that the aid contravened EU rules (Carris)

15

Background & facts of the case This was a legal action brought before the Supreme Administrative Court (“SAC”) by several entities – among them ANTROP, an association of urban passenger transport service providers – against a Resolution of the Council of Ministers that, in 2003, imposed (...)

Carlos Botelho Moniz, Eduardo Maia Cadete A Portuguese Court confirms that a professional association training regulation constitutes a breach of competition rules (Ordem dos Técnicos Oficiais de Contas)

278

I. Introduction The Portuguese Association of Chartered Accountants (“Ordem dos Técnicos Oficiais de Contas”) (ACA) judicially appealed to the Lisbon Commerce Court the national Competition Authority decision which applied a fine €114.654,10 based on an alleged illegal decision of the association, (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Competition Authority sanctions supplier’s prohibition of retailers applying discounts to recommended retail sales prices (Royal Canin Portugal)

77

I. Background The Portuguese Competition Authority (PCA) decision in case PRC 2008/09, was triggered by an anonymous retailer antitrust complaint (imperceptibly signed and without sender) lodged against Royal Canin Portugal, S.A. (Royal Canin). The complaint argued that supplier Royal Canin (...)

Carlos Botelho Moniz, Luís Do Nascimento Ferreira The Lisbon Commerce Court annuls the Competition Authority’s decision in the alleged ‘helicopter cartel’ case (Aeronorte / Helisul)

387

In May 2008 the Lisbon Commerce Court issued a ruling (case 48/08.7TYLSB) that quashed the Portuguese Competition Authority’s decision of 2007 (case PRC 20/05) that found out that two companies (Aeronorte and Helisul) had engaged in a bid-rigging cartel for the provision of helicopter services (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Competition Authority approves the acquisition of an outlet centre holding a fragmented definition of the relevant market (Carlyle / Freeport)

178

I. Introduction On March 28, 2007, the Portuguese Competition Authority (PCA) was notified of a concentration under which Carlyle Europe Real Estate Partners (Carlyle) notified the acquisition of sole control over Freeport Leisure Plc (Freeport), through a takeover bid of the share capital of (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Competition Authority clears a merger between a pharmacist and a wholesale and retail pharmacy group (Alliance Santé Europe / Farmindústria / JMP II / Unichem)

203

I. Introduction On December 23, 2005, the Portuguese Competition Authority (PCA) was notified of a concentration under which Alliance Santé Europe, S.A. (Alliance Santé), Farmindústria – Investimentos, Participações e Gestão, S.A. (Farmindústria) and José de Mello Participações II, SGPS, SA (JMP) (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Portuguese Supreme Administrative Court rejects an appeal requesting that compensatory indemnity worth €50,000 is examined to determine whether it constitutes illegal State aid (Fábrica de Tabacos Micaelense)

15

Background and facts of the case The case of Fábrica de Tabacos Micaelense concerns an appeal brought by a tobacco company based in Ponta Delgada, in the Portuguese Autonomous Region of Azores before the Full Chamber of the Supreme Administrative Court (“SAC”) regarding a chamber judgment of 25 (...)

Carlos Botelho Moniz, Eduardo Maia Cadete The Supreme Administrative Court of Portugal delivers judgement on the application of State aid in public tender process (Cruz Vermelha Portuguesa)

24

Background & facts of the case The issue regarding the present case first arouse after a decision of the Board of Directors of the Hospital of Oliveira de Azeméis, which had awarded the Portuguese Red Cross (“Cruz Vermelha Portuguesa” or “CVP”) with the public contract for patient transport (...)

Send a message