The Lisbon Court of Commerce annuls the Competition Authority’s decision to convict 10 milling companies based on the violation of the right to due process (Cerealis / Milling cartel)

I. The facts and the administrative proceedings On September 2005, the Portuguese Competition Authority (the “PCA”) issued a decision finding 10 milling companies (representing 75% of the market) guilty of fixing the price of wheat flour between December 2000 and August 2004, and imposed a total fine of € 8,935,983.58. This decision was appealed by the undertakings and, on February 2008, the Lisbon of Commerce Court found the PCA's decision to be null and void, for breach of the right to due process. The PCA's investigations were driven by a request from the Ministry for Economy to determine the reasons for the substantial increase in bread prices throughout the country. Following the opening of proceedings, the PCA issued, in August 2004, a very short Statement of Objections, to which

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Ricardo Oliveira, The Lisbon Court of Commerce annuls the Competition Authority’s decision to convict 10 milling companies based on the violation of the right to due process (Cerealis / Milling cartel), 12 February 2008, e-Competitions Due Process Research Program, Art. N° 21303

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