The Portuguese Constitution (article 81) lists the following among the general principles of economic organisation and as primary duties of the state:
? ensuring the efficient functioning of the market to guarantee balanced competition between undertakings;
? opposing monopolistic forms of organisation;
? pursuing abuses of dominant position and other practices that may harm the general interest; and
? guaranteeing the protection of the interests and rights of the consumer.
The Constitution has evolved from the original 1976 version to reflect the various (indeed, somewhat conflicting) political, social and economic concerns of the legislature. That said, the principles referred to above, along with the recognition of private property, private enterprise and consumer protection, show that competition is seen as an essential element of the Portuguese economic system.
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Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Dominance 2016, (published in December 2015;?contributing editors: Thomas Janssens and Thomas Wessely, Freshfields Bruckhaus Deringer) For further information please visit www.gettingthedealthrough.com