Miguel Gorjão-Henriques has been Partner at Sérvulo since 2008. He has been arbitrator of the Arbitration Centre of the Portuguese Chamber of Commerce and Industry, since 2012. He has been 1st and current President of the Competition Commission of the Portuguese Delegation of the International Chamber of Commerce, since 2011. He is Member of the working group, nominated by the Minister for Economy and Employment of the XIX Constitutional Government, in charge of analysing the public consultation on the new draft of the Competition Act, 2011-2012, Member of the Board of APDE - Associação Portuguesa de Direito Europeu (Portuguese Association for European Law), since 2009, Founder and member of the Advisory Board of CAPDC – Círculo dos Advogados Portugueses de Direito da Concorrência (Network of Portuguese Competition Lawyers), since 2009; current member of the General Meeting. He was Executive Director of APIFARMA - Associação Portuguesa da Indústria Farmacêutica (Portuguese Association of the Pharmaceutical Industry) in 2007. He has been specialist Lawyer in European and Competition Law, officially recognised by the Portuguese Bar Association since 2006. He was Senior associate lawyer at «Vieira de Almeida e Associados», from 2005 to 2007 and Senior associate lawyer at «PLMJ – A.M. Pereira, Sáragga Leal, Oliveira Martins, Júdice & Associados» between 2003 and 2005.
217
On the August 26, 2013, the Portuguese Competition Authority (“PCA”) issued a Decision of Non-opposition, with remedies, regarding a concentration notified in February 1, 2013 (under every notification criteria under article 37 (1) of the Portuguese Competition Law – Lei n.º 19/2012, of May 8, (...)
386
The recent Toyota Portugal judgment of the Supreme Court of Justice (Supremo Tribunal de Justiça) provides a clear-cut opportunity to, even briefly, examine the current stances on the abuse of economic dependency (also known as relative dominance), i.e., the practice where one undertaking (...)
276
On 6 June 2013, the Portuguese Competition Authority (Autoridade da Concorrência, AdC) sanctioned Sport TV Portugal, S.A. (hereinafter, “Sport TV”), for an alleged abuse of its dominant position in the Portuguese market for TV access to premium sports content, in violation of article 6 (abuse of (...)
207
On 31 December 2010, the Portuguese Competition Authority (PCA) adopted a decision finding that the Portuguese Association of Parking Companies (ANEPE) had adopted an anticompetitive decision and imposed a fine of EUR 1.971.397, 17. In short, the PCA concluded that ANEPE had coordinated its (...)
149
Between December 2012 and February 2013, the Portuguese Competition Authority (PCA), in the use of its regulatory powers, adopted a series of guidelines and orientations that it was due to adopt under the new Competition Act (Law 19/2012, of 8 May). These guidelines regard the issues of: (1) (...)
535
On June 17, 2011, the Portuguese Competition Authority (PCA) announced, through Press Release 6/2011 that it has imposed fines totalling € 9.8 thousand on seven driving schools operating in the Autonomous Region of Madeira (ARM) – more specifically, in the capital Funchal – which it has found had (...)
625
On June 2, 2011, the Portuguese Competition Authority (PCA) announced, through its Press Release Nr. 5/2011, that it has imposed fines totalling EUR 316.3 thousand on two industrial cleaning firms in Portugal which it has found had colluded on cleaning services contracts. The PCA has concluded (...)
639
On 19 January 2011, the Portuguese Competition Authority (PCA) announced, through press release 1/2011 and a Q&A report that it has imposed on the National Association of Parking Companies (ANEPE) a fine of € 1,971,397 for anticompetitive practices in the national market for the (...)
789
Starting in December 2008, the European Commission published several documents relating to pricing and distribution practices on European food markets, in particular the Communication “A better functioning food supply chain in Europe” (COM(2009)591) and the retail market monitoring report (...)
993
The Portuguese Competition Authority (PCA) has found that the Order of Certified Accountants (OCA or OTOC, in Portuguese), formerly named Chamber of Certified Accountants (until Decree-Law 310/2009) has breached articles 101 and 102 TFEU, and their national equivalents (articles 4 and 6 of (...)
1735
Last October 15th, the Portuguese Competition Authority (Autoridade da Concorrência, hereinafter “PCA”) decided that Sugalidal abused its dominant position in the market for seeds by imposing farmers to acquire and plant only Heinz seeds. According to the Press Release 20/2009, the cPCA decided (...)
1620
Last July 8th 2009, the Portuguese Competition Authority (Autoridade da Concorrência - “AdC” or “PCA”) has issued a new decision imposing fines of around 9 million euros on 11 flour-milling undertakings for coordinating prices, to the detriment of consumers, for breach of Article 4 (1) a) of the (...)
1624
Last April 21st 2009, the Portuguese Competition Authority (Autoridade da Concorrência - “AdC”) announced the decision to discontinue eight procedures for breach of article 4 of the Competition Law (Law 18/2003), considering that some parallel behavior existent between oil companies and some (...)
1939
Last January 6th, 2009, the Portuguese Competition Authority (Autoridade da Concorrência - “AdC”) announced that it has ordered the telecoms operator ZON Multimédia to suspend a promotional campaign involving the attribution to its cable TV clients (of ZON/TV Cabo) of a fidelity card conferring the (...)
3311
The Portuguese Government recently adopted Decree Law 219/2006 of 2 November 2006 (“DL 219/2006” ). This diploma intends to implement Directive 2004/25/EC of the European Parliament and of the Council, of 21 april 2004, on takeover bids (OJEU L 142, 30 April 2004, pp. 12-23 ; “European Takeover (...)
3337
The Portuguese Competition Authority (Autoridade da Concorrência - “PCA”) has delivered a decision condemning four companies for entering into a cartel agreement aiming at dividing up and fixing market shares, fixing prices and sharing costumers. According to the PCA, the alleged cartel operated (...)
4170
The Portuguese Parliament has just approved, on the 29th of June 2006, the bill proposed by the Government (proposal 64/X) establishing for the first time in Portugal a leniency regime under competition law. The Act was adopted with the favourable votes of the Socialist Party, Social Democratic (...)
3119
The Portuguese Competition Authority (Autoridade da Concorrência), established by Decree-Law n° 10/2003, of January 18th, and hereinafter referred to as “PCA”), announced this April 27th 2006 that it has decided to fine Nestlé Portugal in € 1.000.000 for a violation of article 4 of the Portuguese (...)
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