The Lisbon Court of Commerce annuls Competition Authority’s finding of a price fixing and market sharing cartel in the market for fire-fighting helicopters (Aeronorte / Helisul)

I. The facts and the administrative proceedings In October 2007, the Portuguese Competition Authority (the “PCA”) issued a decision finding a price-fixing and market-sharing cartel between Aeronorte and Helisul in their reply to the public tender for helicopters to fight forest fires, and imposed a total fine of € 308,473.15. This decision was appealed by the undertakings and, in May 2008, the Lisbon Court of Commerce found the PCA's decision to be null and void because the Authority failed to prove the existence of an infringement. The PCA opened proceedings for infringement of Article 4(1) of the Portuguese Competition Act [1] after becoming aware of the cancellation of an international call for tender for air services to combat forest fires, allegedly on account of evidence of

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Ricardo Oliveira, The Lisbon Court of Commerce annuls Competition Authority’s finding of a price fixing and market sharing cartel in the market for fire-fighting helicopters (Aeronorte / Helisul), 21 May 2008, e-Competitions Burden of proof, Art. N° 21305

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