Luís Domingos Silva Morais was born in Lisbon, Portugal, in October 2, 1966. Doctor in Law (PhD) (2005) (Thesis, “Joint Ventures in EC Competition Law”) - University of Lisbon Law School (FDL), where he also obtained his Law Degree and concluded his Masters degree in Law (1996) (Thesis, “Merger Control and Competition Policy in the EC”). He has served in several graduation courses in Portuguese and foreign Universities. Author of numerous books and multiple articles in the field of Finance Law, Economic Law, EC Law and, in particular, Competition Law. Professor at University of Lisbon Law School (FDL), Professor at the Department of European Studies of FDL (“Instituto Europeu”) and at Department of Economic, Finance and Tax Law of FDL (“Instituto de Direito Económico Financeiro e Fiscal” - “IDEFF”). Vice-President of IDEFF and Member of the Board of Directors of IE. Founding member and General Secretary of the Inter-Universities Association of European Studies (“AREP”). Admitted to the Portuguese Bar Association since 1990, having practised mainly in the areas of Economic Law, Financial Law, EC Law and both EC and Portuguese Competition Law (e.g. monitoring several multinational concentration control procedures). Member of the Board of Directors and of the Supervisory Board in several companies - 1991-1995. Legal Consultant of the Board of Directors of FINANGESTE - Empresa Financeira de Gestão e Desenvolvimento, [a financial institution controlled by the Portuguese Central Bank (Bank of Portugal) - 1990-1995]. Chief of Cabinet of the Secretary of State for Treasury and Finance, 1995-1998. Member of the Board of Directors [Executive Member] of the Portuguese Supervisory Authority of Insurance and Pension Funds (“Instituto de Seguros de Portugal”) (1998-1999-2000). First Vice-President of IAIFA (International Association Against Fraud in Insurance) - 1998-2001. Vice-President of the Economic and Financial Council of the Ministry of Finance - Special Advisory Unit for the Privatization of Public Companies since 2001. He has been a member of several Ministerial Working Groups that prepared draft laws in various economic areas, including, e.g., as member of the Ministerial Working Group that prepared the Portuguese Securities Law (“Código dos Valores Mobiliários”), until 1998, as member of the Ministerial Working Group that prepared the Portuguese Law on State-Owned Companies (1998-1999), and as member of the Ministerial Working Group that prepared the General Law on the Management of State-Owned Companies and other Public Institutions (2006). He is a frequent speaker in leading Conferences on Economic and EC Law. Languages: Portuguese, English, French, Italian, Spanish.
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Most competition lawyers and experts can vouch from their experience that information exchange is amidst the most elusive and challenging forms of anticompetitive conduct. The fact that information can be exchanged directly between competitors or indirectly via a common agency or a third (...)
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Introduction Mitigation - the adjustment of a prescribed sanction towards a lighter penalty - immediately recalls the universal legal training, in particular criminal law, of arriving to an individual sanction within a legally set range by considering the offender’s personal responsibility, (...)
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On the 22nd of December 2010 the Lisbon Court of Appeals (‘Tribunal da Relação de Lisboa’) has confirmed the previous judgement of the Lisbon Commercial Court that had acquitted PT Comunicações (hereinafter ‘PTC‘) - of the Portugal Telecom Group - from a fine of € 38 M levied by the Portuguese (...)
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Two major and striking developments occurred in the course of March 2010 in Portugal as regards the enforcement of competition Law. On the one hand, on the 2nd of March the Lisbon Commercial Court has ruled on the so called “PTC Conduit Network Case”, which referred to a Portuguese (...)
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In the beginning of September, 2009, the Portuguese Competition Authority (hereinafter, ’ADC’) has adopted a decision concerning an important case of abuse of dominant position in the wholesale and retail markets for internet broadband access. This decision confirms the special attention that (...)
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In the beginning of July 2009, the Portuguese Competition Authority (hereinafter, ’ADC’) has adopted a decision imposing significant fines to a group of eleven undertakings active in the market of bread making and milling (this being a very sensitive market since its functioning determines the (...)
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The Portuguese Competition Authority (“Autoridade da Concorrência”, hereinafter ‘ADC’), has presented in December 2008 a new Report on the functioning of the oil and gas markets in Portugal. This new analysis corresponds to a follow-up on the previous and controversial study produced by the (...)
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The Portuguese Competition Authority (“Autoridade da Concorrência”, hereinafter ‘ADC’), has adopted on the 1st September 2008 an important decision concerning abusive practices by PT Comunicações SA (hereinafter ‘PTC’), which is a part of Portugal Telecom Group, the former incumbent and (...)
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In the last quarter of 2008 the Portuguese Competition Authority (hereinafter, ‘ADC’) has adopted an important decision concerning discount practices of PT Comunicações, which is part of the Portugal Telecom Group, the former monopolist operator in the Portuguese electronic communications (...)
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The Portuguese Competition Authority (“Autoridade da Concorrência”, hereinafter ‘ADC’), has recently presented a controversial Report on the formation of oil prices and the functioning of oil markets in Portugal. This Report, presented on the 2nd of June, has been produced taking into account (...)
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On 17 January 2008 the Portuguese Competition Authority (hereinafter ‘CA’) has approved a new decision concerning two previous cases, which have now been appended, and referring to two cartels on the pharmaceutical sector involving the companies Abbott, Bayer, Menarini and Johnson & (...)
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The recent Lisbon Appeal Court (“Tribunal da Relação de Lisboa”) decision, of 7 November 2007 is, for several reasons, noteworthy, in the context of Portuguese competition policy. After the major reform of Portuguese Competition Law of 2003, concerning both substantive law and the (...)
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This contribution is but a brief exercise in comparative competition law, having its focus on the competitive assessment of information exchange under EU competition law and US antitrust. Unlike other areas of competition law, information exchange is part of a broad area of transatlantic (...)
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Ian Forrester - A Scot Without Borders Liber Amicorum Vol. II
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2015 Competition Case Law Digest - A Synthesis of EU and National Leading Cases
