Os preços predatórios como modalidade de abuso de posição dominante

: como determinar a diferença entre uma prática predatória e uma prática de normal concorrência

Abstract

This work considers the problem represented by the difference between a Predatory Practice and normal Competition - even if a bit aggressive - and the difficulty to determine this difference. By a serious analysis of the European, national and international Court’s decisions and through the existent doctrinal discussions about the subject, our main goal was identify and consolidate the criterions to distinguish the difference between a Predatory Practice and Normal Competition. This dissertation starts by a brief reference to the relevant market, dominant position and the relation of these concepts with the practiced abuse. After this general part it is time to focus on the predatory pricing by a theoretical and doctrinal view, through the considerations of the European Commission and within an analysis of the main National, European and United States of America’s Courts’ decisions. We find it imperative to study the different influences that inspire these two legal systems in order to take the better of each one and reach the most suitable criterions to defend Competition from Predatory Pricing.

Date of Award	4 Nov 2015
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Engrácia Antunes (Supervisor)