Os desafios envoltos à compressão de margens

: da identificação à sanção

Abstract

This article appears as the final objective of the master’s in law specialization in Commercial Law from the Portuguese Catholic University. The concept, an identification and sanction of margins, which is an anticompetitive practice used that can completely distort the market structure and the level of competition where such practice takes place, was the focus of this paper. In addition to analyzing both the decisions of national, European and international jurisprudence on the subject, as well as the existing reflections and doctrinal contributions on it. The key point was to identify and deepen the margin application criteria in all aspects.To this end, by making a reference to the concept and the problems that unfold, after focusing on the dominant position and the relationship with the abuse practiced, relevant market, types, essential facilities, ex ante and ex post, we also talk about the action of the national regulatory authority of competition and the Commission. We then move on to registered law with a case law analysis of Europe and the United States of America, comparing these two legal systems. And finally, take a look at a recent UK case of Royal Mail.

Date of Award	10 Sept 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sofia Oliveira Pais (Supervisor)