The Portuguese Competition Authority’s Experience with the ICN Recommended Practices and Anti-Cartel Enforcement Manual Abel M. Mateus President Autoridade.

Slides:



Advertisements
Similar presentations
31 January 2013 Leniency Fundamentals – How to Design & Implement an Effective Leniency Program.
Advertisements

Rule-Making Book II EU Administrative Procedures – The ReNEUAL Draft Model Rules 2014 Brussels, May th Herwig C.H. Hofmann University of Luxembourg.
Case Prioritisation Vipin Naugah, Legal Executive Date: 16 October 2013 ICN Cartel Workshop 2013 Mini Plenary 1.
Scott D. Hammond Deputy Assistant Attorney General U.S. Department of Justice, Antitrust Division Detroit, Michigan February 15, 2013.
Vincent Nkhoma Manager- Enforcement & Exemptions COMESA Competition Commission.
ICN Merger Working Group Work Product Merger Review Workshop March 10-11, 2009 Taipei.
Administration in International Organizations PUBLIC COMPETITION LAW Class VI, 17th Nov 2014 Krzysztof Rokita.
2009 ICN Merger Workshop Maria Coppola Tineo Taipei, Taiwan March 9, 2009 Session 1. Merger Notification and Initial Review.
The fundamentals of EC competition law
DISCLOSURE OF BENEFICIAL OWNERSHIP CROATIAN CENTRAL DEPOSITORY AGENCY (CDA)
John W. McReynolds Assistant Chief, New York Field Office Antitrust Division, U.S. Department of Justice Judicial Training Program Moscow, Russia July.
Enforcement pluralism Regulation of market conduct –EU Commission General surveillance of compliance with the Treaty “Trustbuster”: DG Comp –National Competition.
EC Competition law – sanctions & procedure
AEWG Panel BOS 4 THE GROWTH OF THE NAMIBIAN COMPETITION COMMISSION April 2015 Heinrich Mihe Gaomab II Secretary & CEO Namibian Competition Commission (NaCC)
1 ICN Cartels Working Group Application of leniency to individuals Stephen Blake Cartels and Criminal Enforcement Group UK Office of Fair Trading 27 January.
Procedure under the Merger Regulation. Procedure – legal documents The Merger Regulation Art. 4 – notification of concentration Art. 7 – suspension of.
Plenary I: Overview of Anti-Cartel Enforcement Manual Chapters – Best Practices Searches, Raids and Inspections A South African perspective 2012 ICN Cartel.
CHALLENGES FACED AS A YOUNG COMPETITION AGENCY BY DR BILLY MANOKA, PhD – COMMISSIONER & CEO INDEPENDENT CONSUMER AND COMPETITION COMMISSION OF PAPUA NEW.
The European Railway Agency in development
C OMPETITION LAW IN NIGERIA Daniel Bwala. Background There is no specific Competition law in Nigeria at the moment. However there are laws or rules in.
Criminal Antitrust Practice Donald C. Klawiter J. Clayton Everett, Jr. Jennifer M. Driscoll.
Public Procurement in the Republic of Cyprus By: Theodosis Tsiolas Public Procurement Directorate Treasury of the Republic.
European Commission – Directorate General for Competition Dr. K. Mehta, Director, Cartels A PRIMER ON ANTI-TRUST POLICY IN THE EUROPEAN UNION UCL – Louvain-la-Neuve.
Barbara Schulze Bundeskartellamt International Competition Matters ICN Cartel Workshop Cape Town Mini Plenary IV – Information Sharing: Barriers, Waives.
Mini Plenary 3: Cartel Enforcement and Leniency in Developing Agencies Leniency Programme in Turkey Gülçin DERE Competition Expert Turkish Competition.
1 6 th ICN CONFERENCE CALL ''Problems, pitfalls and recurring issues“ Leniency and International cooperation. Rafael Coloma, Deputy Director of International.
1 INTRODUCTION OF THE LAWS ON ABUSE OF DOMINANT POSITION AND ABUSE OF MONOPONY POSITION IN VIETNAM Speaker: Mr. Trinh Anh Tuan Official Vietnam Competition.
© DET JURIDISKE FAKULTET UNIVERSITETET I OSLO Mergers - introduction ”Merger”, ”acquisition”, ”concentration” The different effects of mergers –Horizontal.
Interface between Leniency, Direct Settlement and Criminal Sanctions – A UK perspective European Competition Day, Brno Philip Collins Chairman Office of.
INTERNATIONAL TRANSACTIONS AND COMPETITION LAW. Index 1. Why are competition / antitrust issues important? 2. Merger control 3. Distribution systems 4.
Pension insurance challenges – Bulgaria in the context of the forthcoming EU accession Apostol Apostolov – Chairman of the Financial Supervision Commission.
Cross-border anticompetitive practices and global supply chains: Challenges for developing countries.
International Cooperation and Capacity Building on Competition: A Swiss Perspective 7up2 Project Final Meeting Bangkok, June 28, 2006 Dr. Patrick Krauskopf.
Akinori Uesugi 13 December 2007 Recent Antitrust Developments in Japan.
Michal PETR Office for the Protection of Competition OECD – Better Policies for Better Lives Competition Law and Policy.
European Commission, DG Competition, Cartel Directorate 1 RECENT TRENDS AND DEVELOPMENTS IN COMPETITION LAW AND POLICY 2008 Leniency – experience, practical.
Development through partnership cidb Presentation to the: Parliamentary Portfolio Committee of Public Works on the: Competition Commission - construction.
Mini Plenary 3: Cartel Enforcement and Leniency in Developing Agencies A South African perspective 2013 ICN Cartel Workshop Cape Town, South Africa 16.
Bid Rigging as Provided for under the Fair Competition Act, 2003 and the Proposed Amendments Presenter: Grace Freedom Nicholas Investigation Department.
1 MERGERS AND ACQUISITIONS IN TURKEY: COMPETITION LAW ASPECTS Ece Gürsoy One Fleet PlaceLevent Cad. Alt Zeren Sokak London EC4M 7WSNo 7/ Levent.
1 Second Annual Conference on Competition Enforcement in the Recently Acceded Member States Brno 23 April 2010 Development of Competition Enforcement in.
INVESTIGATION AND ENFORCEMENT Presentation by Duncan T. Morotsi 15 th March
EU MERGER LAW: fundamentals Eleanor M. Fox Professor, New York University School of Law ABA Antitrust Section Spring Meeting 2005.
FEDERAL ANTIMONOPOLY SERVICE Moscow 2006 New Antimonopoly Law of the Russian Federation.
Leniency Programme Igor Pospíšil Director of the Cartel Department St. Martin Conference 2009 November 12, 2009.
Leniency and Obtaining Evidence Hiroshi Nakazato Investigation Bureau Fair Trade Commission of Japan April 6 th 2006 OECD-KOREA.
Mergers - introduction ”Merger”, ”acquisition”, ”concentration” The different effects of mergers –Horizontal mergers –Vertical mergers –Conglomerate mergers.
Experience of Slovenia in implementation of European Arrest Warrant
Cooperative Compliance Italy
Brazil: Implementing ICN’s Recommended Practices Brazil: Implementing ICN’s Recommended Practices Mariana Tavares de Araujo Secretary of Economic Law –
Barbara BRANDTNER Head of Unit, Enforcement and Procedural Reform DG Competition Brussels, 6 March 2012 Session 3 : Procedural reform.
Best Practices for Competition Law Enforcement: March 18, 2016 Russell W. Damtoft Associate Director Office of International Affairs United States Federal.
M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 31 – Common Foreign, Security and.
M O N T E N E G R O Negotiating Team for the Accession of Montenegro to the European Union Working Group for Chapter 28 – Consumer and Health Protection.
PHILIPPINE COMPETITION ACT
Competition Law Understand the legal rules relating to monopolies, mergers and anti-competitive practices.
competition rules in inland transport
TRANSPORT SCIENCE: INNOVATIVE BUSINESS SOLUTIONS
The JFTC’s ICN Work Products implementation
Report on Tanzania Peer review recommendations implementation
Intergovernmental Group of Experts on Competition Law and Policy    16th Session 5-7 July 2017 Room XVII, Palais des Nations, Geneva    Thursday, 6 July.
2017 ICN Annual Cartel Workshop Romina Polley
Simplification and reduction of administrative burden.
The EU Competition Law Fining System European Parliament Committee on economic and monetary affairs Working group on competition policy Antoine Winckler.
ICN Cartel Working Group SG 1 Call Series Linda Plumpton
The strategic plans of the Competition Commission
TURKISH COMPETITION LAW ENFORCEMENT:
Merger Control : Basics of Substantive Assessment Horizontal and Non-Horizontal Mergers Definition of Relevant Market.
Using Leniency to Fight Hard-Core Cartels
PUBLIC PROCUREMENTS IN THE REPUBLIC OF SERBIA
Presentation transcript:

The Portuguese Competition Authority’s Experience with the ICN Recommended Practices and Anti-Cartel Enforcement Manual Abel M. Mateus President Autoridade da Concorrência 6th ICN Annual Meeting Moscow, 30th May – 1st June 2007

Autoridade da Concorrência - PORTUGAL 2 I – MERGERS 1. The Portuguese Merger Control Regime: basic features 2. Review of Merger Control provisions - reduced deadlines - pre-notification - simplified decisions 3. Future amendments and the ICN Recommended Practices – Nexus to the Reviewing Jurisdiction; Notification Thresholds Outline

Autoridade da Concorrência - PORTUGAL 3 II - ANTITRUST ENFORCEMENT: 1. Leniency Law: review of recent legislative developments referred to by the ICN Anti-Cartel Enforcement Manual 2. PCA’s powers of investigation – Procedures and Practices Outline

Autoridade da Concorrência - PORTUGAL 4 PCA: sole body competent to assess/decide on mergers; Mandatory prior notification: Law 18/2003 Notification thresholds: 2 alternatives a) a market share threshold - the creation or strengthening of a 30% market share in Portugal, OR b) an aggregate turnover threshold in Portugal by the participating undertakings > 150 million euros (net of taxes); - as long as at least 2 of the participating undertakings have a turnover > 2 million euros in the previous financial year. Basic Features of Merger Control

Autoridade da Concorrência - PORTUGAL 5 Test: “Creation or strengthening of a dominant position” and “significant impediment on effective competition”, according to the concept of Dominant position (PCL), case law of the European Courts + Commission’s practice. Local Nexus to the Transaction: for Portuguese Competition Law, effect on Portuguese market, along the lines of the EC practice and case law; - The local nexus will be either based - on the market share > 30% or - on turnover of undertakings involved in the merger in Portugal (without any additional EC or world turnover criteria). Basic Features of Merger Control

Autoridade da Concorrência - PORTUGAL 6 Market share threshold: the acquisition of a 30% market share in Portugal by an undertaking not previously active in Portugal falls under the Portuguese Merger Control regime due to possible vertical and conglomeral effects as well as economies of scope – the identity of the acquirer of control is not irrelevant; Turnover in Portugal only: because there is a big number of undertakings that supply the Portuguese market, in spite of Portugal hardly being their biggest market; Basic Features of Merger Control

Autoridade da Concorrência - PORTUGAL 7 Decree-Law 219/2006: Transposition of EC Directive 2004/25 – Public Bids and review of the Competition Law – goal: to speed up merger cases (mainly public bids) and to simplify procedures - reduced deadline for Phase II: now 60 working days; - pre-notification: a new procedure developed by PCA’s guidelines; - simplified decisions: to expedite proceedings and allow the PCA to concentrate efforts on the few complex mergers. Review of Merger Control provisions

Autoridade da Concorrência - PORTUGAL 8 See ICN RP Nexus to the Reviewing Jurisdiction and Notification Thresholds:  Portuguese Competition Law applicable for almost 5 years: over 300 Merger decisions – time for a review;  Notification Thresholds: -Market share threshold: burdensome for cases having little impact on the Portuguese market; contributes to multiple filings; corresponds to around 30% of all cases; - Turnover threshold: may need updating - ceiling of 150 million euros has been applicable since 1993; - Further flexibility: review the application of the Code of Administrative Proceedings to Merger cases under Competition Law. Future Amendments and the ICN Recommended Practices

Autoridade da Concorrência - PORTUGAL 9 Law 39/2006: Leniency program * Immunity: to the first undertaking to submit evidence before PCA starts an investigation; * Reduction equal to or exceeding 50%: to the first undertaking to submit evidence, if after PCA had started an investigation; * Reduction of up to 50%: to the second undertaking to submit evidence; * Other undertakings‘ cooperation will be rewarded under the general framework set by the Competition Law. Portuguese Leniency Law An Effective Leniency Program

Autoridade da Concorrência - PORTUGAL 10 Specific features of the Law 39/ ICN Anti-Cartel Enforcement Manual – Chapter 2 - Drafting and implementing an effective leniency program Amnesty Plus – Article 7, Law 39/2006 “Pursuant the Amnesty Plus policy a company that does not qualify for amnesty for the initial matter under investigation but discloses a second cartel and meets the amnesty program requirements will receive amnesty for the second offence and a substantial additional reduction in the calculation of the fine for its participation in the first offence.” Portuguese Leniency Law An Effective Leniency Program

Autoridade da Concorrência - PORTUGAL 11 Specific features of the Law 39/2006 ICN Anti-Cartel Enforcement Manual – Chapter 2 Drafting and implementing an effective leniency program Marker System “Practice of reserving a place for applicants whilst they conduct further internal investigations and attempt to perfect their application for leniency prior to the agency determining the fist eligible applicant.” Portuguese Leniency Law An Effective Leniency Program

Autoridade da Concorrência - PORTUGAL 12 ICN Anti-Cartel Enforcement Manual Chapters 1 & 3 Dawn-raids: *organising the search *conducting the search *seizure Digital evidence gathering: *chain of custody *chain of evidence PCA’s powers of investigation Procedures and Practices

Autoridade da Concorrência - PORTUGAL 13 Thank you