As the year of 2016 is coming to an end, there is an interesting melting pot of draft legal frameworks and circumstances in Portugal that call for renewed focus on the advantages of competition law compliance.
On 23 June the British will have their say on whether or not to remain in the European Union ("EU"). In the event the referendum is won by the leave camp and the UK withdraws from the EU (what is popularly termed Brexit), it will raise several key questions for markets such as that of financial services, where Community rules and the European supervisory authorities play a vital role.
On 8 June, 2015, the Spanish National Appellate Court gave its judgment on the Spanish Dell case confirming the conclusion reached in the prior Decision delivered by the Spanish Central Tax Tribunal (TEAC), that the activities of the Spanish subsidiary of Dell (Dell Spain) constituted a permanent establishment (PE) of an Irish sales group company (Dell Ireland).
Portugal has recently introduced changes in the rules applying both to restrictive and to unfair trade practices. The first amendments to the Restrictive Trade Practices Act were published on 8 October, 2015 (Decree-Law 220/2015) and came into force on 7 December.
At the end of 2014, reinforced powers belonging to the Portuguese Competition Authority were applied for the first time in relation to two high profile cases. The first one concerned Sport TV Portugal and the broadcasting rights of sports events, mainly football. The second one involved Peugeot Portugal and related to warranties and independent repair shops.