EU, Competition & Public Law (57)

Wednesday, 04 February 2009 19:00

The need to understand all the issues - DLA Piper

 Juan Jiménez-Laiglesia

An analysis of a clients position under competition law requires much more than an understanding of the applicable legal regime, it requires an understanding of all the dynamics at play, insists Juan Jiménez-Laiglesia, competition partner at DLA Piper in Madrid.

Miguel Gorjão-Henriques

A clear trend in recent years has been a growing emphasis by Portugal's Competition Authority (Autoridade da Concorréncia – AdC) on alleged abuses of dominant undertakings, says Miguel Gorjáo-Henriques, competition partner at Sérvulo & Associados, albeit from a virtual standing start.
The global financial crisis is clearly impacting on the Iberian economy, unemployment in Spain has reached around 14.4% with 3.3 million now jobless, and the slowdown is inevitably also beginning to impact on neighbour Portugal, of which it is the largest trading partner.
As far as companies response to the cartel threat goes, prevention is always better than cure, believes Jaime Pérez-Bustamante, partner and head of competition at Linklaters in Madrid.

The current global economic situation is creating challenges for competition law but it must nonetheless overcome them, believes Nuno Ruiz, partner and head of competition at Vieira de Almeida.
The unfolding global financial crisis is prompting governments to circumvent established competition or procedural rules leaving the potential for continuing administrative confusion, say Miguel Pena Machete and Claudio Monteiro of Serra Lopes Cortes Martins & Associados.
The Portuguese Industrial Property Code regulates both private industrial property rights and the principle of unfair competition. The difference between these private rights and unfair competition has been strengthened and safeguarded consistently over the years.
If Portugal’s National Competition Authority is to perform its role adequately it needs the necessary framework and resources, says Nuno Ruiz at Vieira de Almeida.
While the efficient enactment of EU policy may present issues for national governments, it is important for lawyers to learn how to avoid them, say Miguel Odriozola and Michel Petite of Clifford Chance.
In line with wider European trends, Portugal’s national competition authority (Autoridade da Concorrência – AdC) has embarked on a policy of targeting particular business sectors, explains Mário Marques Mendes, of Lisbon’s Marques Mendes & Associados.
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