The Portuguese Supreme Court clarifies the conditions regarding the existence of an abuse of economic dependence (Toyota Portugal)

The recent Toyota Portugal judgment of the Supreme Court of Justice (Supremo Tribunal de Justiça) [1] 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 abusively exploits the economic dependence of another undertaking due to the absence for the latter of an equivalent alternative for the supply of goods or the provision of services. [2] Under Decree-Law (Decreto-Lei) no. 371/93, of 30 October (1993 Competition Act) [3], Portuguese competition law prohibits the abuse of a relative dominant position. The prohibition was further modified in its constituent elements in the 2003 Competition Act [4] and incorporated without relevant changes in article

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Miguel Gorjão-Henriques, The Portuguese Supreme Court clarifies the conditions regarding the existence of an abuse of economic dependence (Toyota Portugal), 20 June 2013, e-Competitions Bulletin June 2013, Art. N° 57301

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