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Antitrust

In Portugal, antitrust is regulated by Law 19/2012 of May 8, Law 23/2018 of June 5 and Decree-Law 108/2021 of December 7, based on Articles 101 and 102 of the Treaty on the Functioning of the European Union.

In this regard, it is worth highlighting the existence of very deep-rooted, daily behaviours, practiced by both the management bodies and employees of the Organizations, which violate the rules imposed by Competition Law, without them being aware of it in most cases (Restrictive Practices of Competition are involved, namely agreements and concerted practices, abuse of a dominant position, abuse of economic dependence).

Taking into account the very high fines applicable for violating competition rules, it is important to highlight the importance of the prior existence, or not, of a Compliance Program in an Organization, when imposing a fine for committing such illicit acts.

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