Relevant legislation and statutory standards

The Portuguese Constitution, as amended (hereinafter ‘the Constitution’), lists the following among its general principles of economic organisation and as priority duties of the state:

1. ensuring the efficient functioning of the market, in order to guarantee balanced competition between undertakings;

2. opposing monopolist forms of organisation;

3. pursuing abuses of a dominant position and other practices which may harm the general interest;

4. guaranteeing the protection of the interests and rights of the consumer (see Article 81(e) and (h) of the Constitution).

The Constitution has evolved from the original 1976 version to reflect the various, if not somewhat conflicting, political, social and economic concerns of the constitutional law maker. That said, the principles referred to above, along with the recognition of private property, private entrepreneurship and consumer protection, show that competition is seen as an essential element of the Portuguese economic system (see Articles 60, 61 and 62 of the Constitution).