Advances in Competition Policy Enforcement in the EU and North America
Edited by Abel M. Mateus and Teresa Moreira
Chapter 8: The Effectiveness and Limitations of the Portuguese System of Competition Law Enforcement by Administrative and Civil Procedural Means
José Manuel Sérvulo Correia I. INTRODUCTION The very first lines of the Green Paper on damages actions for breach of the EC antitrust rules1 state that competition law enforcement is a key element in the Lisbon Strategy, which aims at growth in the European Union economy and job creation for the citizens of Europe. This is because vigorous competition in an open internal market represents the best guarantee that European companies will increase their productivity and their potential to innovate.2 On the basis of this assumption, the European Commission has been developing various initiatives with a view to activating the effective application of competition law in the European area. But combined with this aim is the idea that the Commission’s ability to intervene on a case-by-case basis is not unlimited. Accordingly, it is of the greatest importance for Member States to be increasingly involved in this programme, through the action not only of the national competition authorities (NCAs) but also the branches of the legal system.3 1 Green Paper on damages actions for breach of the EC antitrust rules, COM(2005)672 final of 19 December 2005, henceforth Green Paper. 2 Ibid., p. 3. This is likewise stated in paragraph 11 of the Commission Staff Working Paper – Annex to the Green Paper on damages actions for breach of the EC antitrust rules, COM(2005)672 final, henceforth Annex to the Green Paper. 3 By ‘branch of the legal system’ we understand a hierarchical system of courts, headed by a...