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Da Ilicitude Como Uma Das Belas Artes, Victor J. Calvete Dec 2009

Da Ilicitude Como Uma Das Belas Artes, Victor J. Calvete

Victor J. Calvete

Main Points: - Economic law is prone to change: as Bernard Mandeville put it in 1705, "Their laws and cloths were equally/ Objects of mutability;/ for what was well done for a time,/ in half a year became a crime;" - If that is broadly so, it is even more so in what concerns a number of economic actions that fall under the antitrust laws, namely, Resale Price Maintenance (RPM); - The story of RPM in the USA is so full of U-turns that leaves your head spinning; and even if you cut that long story short, its "legal technicality" …


O Controlo Jurisdicional Da Actividade Da Autoridade Da Concorrência, Victor J. Calvete Dec 2009

O Controlo Jurisdicional Da Actividade Da Autoridade Da Concorrência, Victor J. Calvete

Victor J. Calvete

Actions - and omissions - of the Portuguese Competition Authority (AdC) are bound to be reviewed by the courts, if parties injured so decide. However, the legal framework that provides for that review is somehow complex - and the more so after Law n.º 52/2008, of August 28, changed the powers of the Commercial Courts. The ensuing analysis predates those changes (accounted for in the final version), and provides a comprehensive guide of the different paths to be followed in reaction to the actions/omissions of the AdC, as well as cautionary warnings on some of the traps along the way.