Entre a tradição e a inovação

: o abuso de dependência económica no futuro do direito da concorrência europeu

Abstract

Several Member States of the European Union enshrine the prohibition of economic dependence abuse within their respective legal systems. However, no equivalent provision exists with the normative framework of European Competition Law. Indeed, the absence of a specific provision in European Law aimed at sanctioning anti-competitive practices in cases where a company does not hold a dominant position in the relevant market but is still able to exert influence over another highlights the need for legislative reform capable of addressing these practices effectively. In this context, economic dependence is distinguished from the abuse of a dominant position, considering both the characteristics of its legal regime and the harm caused by the lack of specific regulation within European Competition Law. The abuse of economic dependence constitutes an unfair commercial practice, as it involves the exploitation of one economic agent´s vulnerability in relation to another, thereby undermining free and efficient market competition. Consequently, the protection of competition, as a fundamental principle of European Union Law, naturally requires a robust regulatory framework that addresses the imbalance of power between different market players, ensuring a fair, equitable and competitive market. Thus, we conclude that there is pressing need for reform in European Competition Law, providing for a specific regime to regulate and prohibit economic dependence abuse, thereby aligning national regulatory developments with those of the European Union.

Date of Award	21 Jul 2025
Original language	English
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sofia Oliveira Pais (Supervisor)