Sérvulo represented the Portuguese Wholesale Federation of Tobacco during the lawsuit filed against the decision of the Competition Authority (AdC), which authorised a concentration in the tobacco sector. The Supreme Court of Justice (STJ) has now deemed inadmissible the appeal filed by the AdC, against a judgment of the Lisbon Court of Appeal that had ruled in favor of the FPGT, overturning the decision of the Competition Authority.
“The importance of this issue is related, first and foremost, to the fact that the courts consider the AdC to have broad discretion in these matters. Moreover, as far as we know, this is an historic victory in Portuguese competition law. In the 20 years of the AdC’s existence, it is only the second time that the courts have reversed a non-opposition decision by the AdC,” said Miguel Gorjão-Henriques, partner at Sérvulo and head of the competition and European Union law department.
The team from Sérvulo & Associados, led by Miguel Gorjão-Henriques, also included partner Alberto Saavedra and lawyer Francisco Marques de Azevedo. The advisory also involved the public law department, with the participation of partner Duarte Rodrigues da Silva.