About Us-Mission

The Competition Authority was created by Decree-Law 10-2003 of January 18, 2003. It succeeds the Competition Council and the Directorate General of Competition and Trade, as an independent and financially autonomous institution. The Authority has regulatory powers on competition over all sectors of the economy, including the regulated sectors, the latter in coordination with the relevant sector regulators. According to the law that created the Authority:

Article 1º

1- The Competition Authority, hereinafter designated the Authority, is a collective person in public law, of an institutional nature, endowed with its own property and with financial and administrative autonomy.
2 - The Authority's mission is to ensure compliance with the competition rules in Portugal, with a view to guaranteeing respect for the principles of a market economy and free competition, in order to assure the operation of efficient markets, an efficient allocation of resources and the protection of consumer interests, according to the law and these statutes.

The Authority follows the most recent principles on creating European anti-trust regulatory institutions and has substantial independence with regard to the government and other state bodies. It envisages itself as being a centre of excellence in competition matters in Portugal, fulfilling its role as a partner institution in the European network of Competition Regulators.

Thus, the mission of the Authority is:

To ensure compliance in Portugal with national and Community competition laws , which are the foundation of a market economy, with the following aims:

• Efficient working of the markets for all products and services
  
  
• A high level of technical progress
• And, above all, pursuit of the greatest benefit for consumers.
  
  

The goals of the Authority are to:

1. Ensure full enforcement of and compliance with competition laws
   
   
2. Identify markets where competition has been restricted and promote the best solutions to improve efficiency and benefit consumers
   
   
3. Raise public awareness of the benefits of competition
   
   
4. Provide an effective service for the government, other regulatory agencies and society at large, at the highest standards, taking account of internationally recognised best practice.
   
   

Free and healthy competition benefits enterprises as well as consumers by establishing a level playing field and discouraging predatory practices.

In order to fulfill its mission, the Authority will strive to:

• Reach the highest levels of scientific and intellectual rigor in economics and law by creating a body of highly qualified staff with the capacity to formulate methodologies, carry out research and discharge supervisory duties
  
  
• Firmly uphold the principles of justice, fairness and impartiality
  
  
• Ensure transparency in the information provided and in the execution of its tasks. It will be accountable to the executive, legislative and judicial authorities, with a view to strictly fulfilling its duties within a democratic society.
  
  

The Authority has regulatory, supervisory and disciplinary powers to:

• Propose laws to the competent institutions, and approve regulations required to enforce a competitive environment
  
  
• Issue recommendations and general directives about restrictive practices
  
  
• Propose and approve codes of conduct and best practices
  
  
• Decide on notifications of mergers and acquisitions
  
  
• Identify and investigate practices prejudicial to free competition, on the basis of national and Community laws, and to undertake studies, surveys, and hearings to investigate those practices
  
  
• Prepare and decide on anti-trust cases, using sanctions or preventive measures
  
  
• Gather information and decide on administrative procedures related to anti-trust practices, considering, pro forma, that those practices are not against competition laws.
  
  

Moreover, its complementary functions will be to:

• Raise public awareness among economic agents and foster healthy competition
  
  
• Co-operate internationally with other competition institutions and, in particular, to develop its role within the European Network of Competition Institutions and the European Commission
  
  
• Represent the Portuguese state in international organizations
  
  
• Advise Portuguese firms about the competition framework in international markets
  
  
• Promote studies and seminars in the areas of competition and market analysis, contribute to the improvement of the legal framework and carry out the studies requested by the Government.
  
  

The main objective of competition policy is to promote an efficient market mechanism. Thus, the activities of the Authority will restrain the following practices:

• Monopoly situations: mergers and acquisitions that may constitute a dominant position and significantly reduce the degree of competition
• Horizontal cartels
  
  
• Vertical agreements that may restrict competition
  
  
• Abuse of dominant positions
  
  
• State restrictions on competition, either through regulatory measures or the abuse of dominant positions by public enterprises or other public entities.
  
  

Other areas in which the lack of competition may be seriously detrimental to the public good are:

• Public procurement
  
  
• State aid
  
  
• Dumping practices
  
  
• Sector regulations
  
  
• Consumer protection measures.
  
  

In these areas the Authority will cooperate with other regulatory agencies in order to enforce competition laws and prevent the social costs of intervention exceeding the social benefits.