Miguel Sousa Ferro is a Managing Partner at Sousa Ferro & Associados, in Lisbon. He is a also Professor at the Lisbon University Law School, where he obtained his law degree and PhD. He also holds an LL.M in European Law from the College of Europe, Bruges. He speaks English, French, Portuguese, Spanish, Romanian.
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On 11 March 2015, the Lisbon Appeal Court (LAC) rejected all arguments put forward by the appellant and confirmed the judgment of the Competition, Regulation and Supervision Court (CSRC) of 4 June 2014, which had, in turn, confirmed (with a reduction of the fine, from 3.7 to 2.7 million EUR) (...)
466
On 3 February 2015, the Portuguese Competition Authority (PCA) announced that it had imposed fines of 9.29 million EUR on the Galp Energia group for anticompetitive practices in the gas bottle market in Portugal. According to the PCA, Galp and its subsidiaries included in the large majority (...)
484
Replacing a previous contract, the National Pharmacy Association (ANF) executed a contract with IMS Health in 2008, by which it transmitted to the latter data on purchases in its associated pharmacies, in exchange for remuneration. This data was used to provide pharma market intelligence in a (...)
483
In July 2012, the Portuguese Competition Authority (PCA) found that Lactogal infringed the national provision equivalent to Article 101 TFEU in several markets for distribution and sale of dairy products in the hotel, restaurant and café (or hotel and catering) sector. Specifically, the PCA (...)
209
In July 2007, the Portuguese Order of Chartered Accountants (OTOC), legally entrusted with regulating the activities of chartered accountants in Portugal, adopted a binding regulation concerning a mandatory training system, aimed at guaranteeing the quality of these professional services. (...)
430
In a dispute concerning an infringement of a franchising agreement in the food services industry, including an alleged violation of a non-compete clause, the Portuguese Supreme Court reversed a ruling of the Lisbon Appeal Court, providing clarifications on its view on the validity of such (...)
230
On the 18th July 2013, the Portuguese Competition Authority (AdC) adopted a decision identifying a 10 year long cartel between three Portuguese manufacturers of flexible polyurethane foam (Flex, Flexipol and Eurospuma). According to the AdC, these undertakings exchanged sensitive information, (...)
368
The Lisbon Appeal Court confirmed the dismissal of a distributor’s claims for compensation in a private enforcement case in the gas bottle distribution market involving a territorial protection clause. The distributor sued the manufacturer after the latter ended a 42 year-long commercial (...)
218
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 (...)
151
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) (...)
447
On the 17th May 2012, the Portuguese Supreme Court of Justice (STJ) dismissed a competition law-based defense in the framework of a dispute between a beer supplier and a retailer who failed to comply with exclusivity and minimum purchase obligations. The case stands out as one more in a (...)
643
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 (...)
793
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 (...)
996
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 (...)
1056
In a case that goes back to a football game held in 1997, and in a rare example of private enforcement of competition law in Portugal, the claims for damages by a Portuguese football club, supported by the Portuguese Football Federation, were finally dismissed in the last instance. Vitoria (...)
1379
The Portuguese Competition Authority has imposed fines totaling EUR 14,7 million on five undertakings for a violation of the national provision similar to Art. 101 of the TFUE (and, possibly, under this provision as well), for a cartel in the national market for mass catering and for canteen (...)
65
This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)
789
A company, association/foundation or law firm looking for a litigation funder to finance a lawsuit may be compared to an entity seeking to raise capital from a private equity investor. Like private equity investors, funders are all (very) different, and the proposal to finance a lawsuit that (...)
1231
An overall analysis of judicial and administrative practice, focused predominantly on EU legal orders, relating to a wide range of sectors, shows highly divergent and contradictory positions concerning the treatment of gratuity under competition law. This paper argues that competition law does (...)
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Richard Whish QC (Hon) Liber Amicorum
