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O Fim Do Mito Da “Unidade De Jurisdição” No Controlo Das Decisões Da Autoridade Da Concorrência?, Victor J. Calvete, Fernanda Maçãs
O Fim Do Mito Da “Unidade De Jurisdição” No Controlo Das Decisões Da Autoridade Da Concorrência?, Victor J. Calvete, Fernanda Maçãs
Victor J. Calvete
In this glossatorial article (to a Supreme Administrative Court decision) we provide some "reverse speech" (check it out: you will be bound to a surprise) on the competition-matters-single-court-jurisdiction mantra, allegedly provided for by the Portuguese Competition Law (before the u-turn the legislature performed with the Law on Courts Organization of 2008, and much before the new u-turn now in the making). The facts of the case were simple: during a hostile merger control procedure, one of the concerned parties (X) asked for access to documents provided by another (Y). The Competition Authority refused. X appealed to the administrative court (which …
As Semelhanças E As Diferenças: Regulação, Concorrência E All That Jazz, Victor J. Calvete
As Semelhanças E As Diferenças: Regulação, Concorrência E All That Jazz, Victor J. Calvete
Victor J. Calvete
As the improbable reader will be aware, the regulatory virus (RV) is everywhere. The RV occurs whenever and wherever state run activities, performed (almost) free of charge by badly paid civil servants, are superseded by state run activities, performed by well paid workers of an "independent" authority, made affluent by "regulatory charges" levied on the regulated sector. In Portugal, the RV grew strong and fast, and so we have no short supply of "regulators", even if only by name: with civil service lingering, shrinking, and shaking, being part of an independent "authority" (or a dependent one, for that matter) gives …