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O fim do mito da “unidade de jurisdição” no controlo das decisões da Autoridade da Concorrência?
  • Victor J. Calvete
  • Fernanda Maçãs
In this glossatorial article (to a Supreme Administrative Court decision) we provide some "reverse speech" (check it out: you will be bound to a surprise) on the competition-matters-single-court-jurisdiction mantra, allegedly provided for by the Portuguese Competition Law (before the u-turn the legislature performed with the Law on Courts Organization of 2008, and much before the new u-turn now in the making). The facts of the case were simple: during a hostile merger control procedure, one of the concerned parties (X) asked for access to documents provided by another (Y). The Competition Authority refused. X appealed to the administrative court (which normally would hear that type of cases), but was barred (both in the Administrative Court and in the Administrative Court of Appeals) on the grounds that the court of competent jurisdiction would be the Commercial Court of Lisbon, in so much that there had been clear intent on the part of the legislature for the Commercial Court to settle all competition-related appeals. (As said, that was before the legislature spread the appeals on competition matters all through the country). The Supreme Administrative Court, however, saw straight and put the matter back on the Administrative Court jurisdiction. In our opinion, it was for the better: all's well that ends well.
  • Autoridade da Concorrência,
  • Controlo jurisdicional,
  • Tribunal competente,
  • Supremo Tribunal Administrativo
Publication Date
March, 2009
Citation Information
Victor J. Calvete and Fernanda Maçãs. "O fim do mito da “unidade de jurisdição” no controlo das decisões da Autoridade da Concorrência?" (2009)
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