Lei das Práticas Restritivas do Comércio: Comentário

BOOKS AND ACADEMIC ARTICLES 2014 Edições Almedina

This book, a commentary on the law of restrictive commercial practices, is by Miguel Gorjão-Henriques, with the collaboration of José Lobo Moutinho, both partners at SÉRVULO.

According to the author, the new legislation on restrictive commercial practices “is clear in its intentions but opaque in its legal solutions.Two things stand out: it has nothing to do with Competition or with Consumer Protection. And, as a result of a tradition of legal experimentation, it introduces an unacceptable level of uncertainty regarding the commercial practices of all companies – manufacturers, producers, suppliers, distributors – established in Portugal.

The essential values of commerce, namely security and speed, are challenged, restrictions like that of (re)selling with loss are maintained, and the regime of unfair business practices is re-established. The Portuguese Authority of Food and Economic Security (ASAE – Autoridade de Segurança Alimentar e Económica) has extensive and discretionary powers.

It is impossible not to see in the law impediments to fundamental constitutional values. And apart from the terror induced by the fines it foresees, it will hardly contribute to the laudable aims it has.

This Commentary is a reading of Decree-Law 166/2013, which already has a long history. We hope it is useful.”