News - Competition Law And Policy 2nd Quarter 2019

Author:PLMJ Team
Profession:PLMJ
 
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PORTUGAL

  1. Portuguese Competition Authority

    Portuguese Competition Authority fines the companies Mota-Engil - Engenharia e Construção and Futrifer - Indústrias Ferroviárias, S.A.

    On 12 April 2019, the Portuguese Competition Authority (PCA) fined the company Mota-Engil - Engenharia e Construção, S.A and one of its managers a total of EUR 906,000 for allegedly participating in a five-company cartel that acted in public tenders launched by Infraestruturas de Portugal in the railway maintenance sector. This collusion culminated in higher costs for the public entities as the bids were presented above the base-price. According to the PCA, during 2014 and 2015, the companies involved also agreed to share the different lots of a public tender between them.

    On 28 June 2019, the company Futrifer - Indústrias Ferroviárias, S.A and one of its board members were also fined a total of EUR 300,000 for the infractions mentioned above.

    Issuing a Statement of Objections in September 2018, the PCA concluded the proceedings against these Defendants under settlement procedures in which the latter admitted the facts and accepted their responsibility. This procedural mechanism had already been used in these investigations and made it possible to reach a finding against the company Sacyr Neopul, S.A. and its general production director.

    The investigation is still on-going regarding the remaining two undertakings and their board members and managers.

    Portuguese Competition Authority carries out dawn raids at healthcare companies

    On 10 May 2019, the Portuguese Competition Authority announced that it had carried out dawn raids at nine healthcare companies following suspicions of alleged anticompetitive practices harmful to consumers' freedom of choice.

    The PCA ordered that the investigations should be subject to secrecy, but it did announce that the dawn raids were carried out in the Lisbon, Porto and Algarve areas.

    Portuguese Competition Authority decides to open an in-depth investigation into the proposed acquisition of the Hospital São Gonçalo de Lagos by the Grupo Hospitalar Particular do Algarve

    On 22 May 2019, the Portuguese Competition Authority (PCA) decided to open an in-depth investigation (Phase II) into the acquisition of Hospital São Gonçalo de Lagos (HSGL) by Grupo Hospital Particular do Algarve (HPA Group).

    This notification to the PCA was issued on 9 November 2018, following an inquiry by the PCA, even though the merger at stake had already been...

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