Book contents
- The Cambridge Handbook of Competition Law Sanctions
- The Cambridge Handbook of Competition Law Sanctions
- Copyright page
- Contents
- Authors’ Affiliations
- Acknowledgment
- Part I General Chapters
- Part II Country Reports
- 17 Competition Law Sanctions in Austria
- 18 Antitrust Enforcement in Belgium
- 19 The Effectiveness of Competition Law Sanctions: Brazil
- 20 The Present Situation and Improvement Direction of the Sanction System in China’s Anti-monopoly Law
- 21 Application of the 2006 Guidelines on Fines by the European Commission and the Union Courts
- 22 Competition Law Sanctions in Germany
- 23 Competition Law Sanctions in Hungary
- 24 Competition Law Sanctions in Indonesia and a Comparison to Other ASEAN Member States
- 25 Competition Law Sanctions in Italy
- 26 Competition Law Sanctions in Japan
- 27 Effectiveness of Competition Law Sanctions: Kenya
- 28 The Enforcement of Competition Law in the Netherlands
- 29 A Barking Dog Seldom Bites
- 30 Effectiveness of Competition Law Sanctions
- 31 Competition Law Sanctions in Spain
- 32 The Swedish Competition Law Enforcement System
- 33 Effectiveness of Competition Law Sanctions: Turkey
- 34 Competition Law Sanctions in the United Kingdom
- References
30 - Effectiveness of Competition Law Sanctions
Portugal
from Part II - Country Reports
Published online by Cambridge University Press: 29 July 2022
- The Cambridge Handbook of Competition Law Sanctions
- The Cambridge Handbook of Competition Law Sanctions
- Copyright page
- Contents
- Authors’ Affiliations
- Acknowledgment
- Part I General Chapters
- Part II Country Reports
- 17 Competition Law Sanctions in Austria
- 18 Antitrust Enforcement in Belgium
- 19 The Effectiveness of Competition Law Sanctions: Brazil
- 20 The Present Situation and Improvement Direction of the Sanction System in China’s Anti-monopoly Law
- 21 Application of the 2006 Guidelines on Fines by the European Commission and the Union Courts
- 22 Competition Law Sanctions in Germany
- 23 Competition Law Sanctions in Hungary
- 24 Competition Law Sanctions in Indonesia and a Comparison to Other ASEAN Member States
- 25 Competition Law Sanctions in Italy
- 26 Competition Law Sanctions in Japan
- 27 Effectiveness of Competition Law Sanctions: Kenya
- 28 The Enforcement of Competition Law in the Netherlands
- 29 A Barking Dog Seldom Bites
- 30 Effectiveness of Competition Law Sanctions
- 31 Competition Law Sanctions in Spain
- 32 The Swedish Competition Law Enforcement System
- 33 Effectiveness of Competition Law Sanctions: Turkey
- 34 Competition Law Sanctions in the United Kingdom
- References
Summary
Nuno Castro Marques presents the Portuguese competition law framework. Portugal was one of those European countries opting to introduce a misdemeanour law, inspired by the German Ordnungswidrigkeit law, but this has now evolved a long way. EU and Portuguese competition laws establish the same potential sanction for all competition infringements: a fine up to 10% of the undertaking turnover. Not only companies but also natural persons may be liable for competition law infringements, and fines applicable to natural persons can go up to 10% of their annual income. Portuguese competition law is fully aligned with the European framework, with the Portuguese Competition Authority (PCA) armed with strong investigation powers, an experienced leniency regime and the full set of mechanisms for speeding up enforcement, such as the settlement or commitment procedures. The results are visible, with general deterrence also making an important contribution, and whenever the PCA adopts a sanctioning decision, especially in cartel cases, it makes front-page news. That was recently the case with a banking cartel, where fourteen banks were fined for exchanging sensitive business information and even the Parliament felt the need to openly condemn the situation in public hearings.
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- The Cambridge Handbook of Competition Law Sanctions , pp. 613 - 636Publisher: Cambridge University PressPrint publication year: 2022