The following Competition practice note produced in partnership with Morais Leitão, Galvão Teles, Soares da Silva provides comprehensive and up to date legal information covering:
A conversation with Pedro Gouveia e Melo, senior lawyer at Portuguese law firm Morais Leitão, Galvão Teles, Soares da Silva on key issues on merger control in Portugal.
NOTE–to see whether notification thresholds in Portugal and throughout the world are met, see Where to Notify.
The Portuguese merger control regime was last amended in 2012, with the adoption of the present Competition Act (Law 19/2012, of 8 May 2012—the Competition Act).
No material changes to the merger control regime are expected in the near future.
In 2019 and the first semester of 2020, the Authority adopted 77 final decisions, including clearing the acquisition of the São Gonçalo Hospital by Grupo HPA Saúde under the failing firm defence, following a lengthy phase 2 investigation. This case is also noteworthy since subsequent to clearance the buyer was fined for gun-jumping, although the Authority allowed the payment of the fine in installments in order not to affect the medical services provided by the company in the current COVID-19 pandemic.
Gun-jumping cases have become of the enforcement priorities of the Authority, with ten such investigations initiated since January 2019.
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