Portugal > EU and competition > EU and competition
EU and competition
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Internationally recognised Carlos Pinto Correia heads the EU & competition team at Linklaters LLP and is widely regarded as a leading authority in this area. Following Sonae Group’s acquisition of the Portuguese portfolio of Carrefour, and the subsequent disposal of assets imposed by the Portuguese Competition Authority (PCA), the team advised Auchan Group on the €22m acquisition of two operational shopping centres and one Portuguese shopping centre project from Sonae. The team is also providing ongoing advice to Johnson & Johnson over misdemeanour proceedings brought forward by the PCA, concerning a cartel of six pharmaceutical companies in what is one of the biggest regulatory matters in Portugal. Clients are quick to highlight the ‘extensive international network’ that ‘greatly benefits the firm’s knowledge of EU law’.
Boutique competition firm Marques Mendes & Associados houses Mário Marques Mendes and Pedro Vilarinho Pires, who some consider ‘the best EU lawyers in Portugal’. The team represented General Motors in arbitration proceedings over an investment contract with the Portuguese State, and was also instructed by RTP in a state aid investigation run by the European Commission concerning group financial restructuring. Other clients include pharmaceutical groups, such as Actavis, aviation and energy companies. Clients have ‘great consideration’ for the team, and highlight its strength in contentious matters.
Morais Leitão, Galvão Teles, Soares Da Silva & Associados is home to leading expert Carlos Botelho Moniz, as well as Oporto-based Joaquim Vieira Peres. The team, praised for its ‘knowledge and commitment’, is extremely active in merger control, judicial antitrust and administrative proceedings. Recent casework includes representing EDP in a filing before the PCA regarding the proposed acquisition of 11 mini-hydroelectric power plants to Babcock and Brown companies, Pebble Hydro and Hidroeléctrica de Janeiro de Baixo. The team also acted for TAP Portugal in a filing before the PCA concerning the acquisition and sole control over regional carrier PGA. Other team members worthy of recognition include Margarida Rosado da Fonseca, Eduardo Maia Cadete and Gonçalo Machado Borges.
PLMJ – A. M. Pereira, Sáragga Leal, Oliveira Martins, Júdice e Associados Sociedade de Advogados, RL assisted ZON Multimédia with the acquisition of TVTel, Bragatel, Pluricanal Leiria and Pluricanal Santarém, while also receiving instructions from GALP Energia to assist with notifications before the European Commission regarding the acquisition of AGIP and ESSO in Portugal and Spain. Other major clients include Microsoft, Coca-Cola and Unilever. Clients note the team’s ‘rigor and impartiality in analysing the issues’ and its willingness to ‘try to see all angles and alternatives’.
Simmons & Simmons Rebelo de Sousa’s areas of expertise span the full range of EU and competition matters, including cartels, antitrust, merger control, state aid, public procurement, compliance and EU litigation. The team recently acted for an energy company during an investigation by the EU commission concerning a cartel on the bitumen market. Led by the ‘very capable’ Gonçalo Anastácio, the team is noted for its ‘deep understanding of the market and clients’ needs’, and is lauded for its understanding of the energy sector and strong international network.
Regarded as a ‘one-stop shop’, Vieira de Almeida & Associados impresses with its broad knowledge of EU and competition law. The team responded to a PCA Statement of Objections on behalf of client PT Group/Zon Multimédia Group, and also acted for UNISELF in a misdemeanour procedure alleging participation in a cartel involving major national catering providers. Clients speak highly of this 8 fee-earner team, describing Nuno Ruiz as ‘very business-oriented’ with ‘practical and commercial solutions’, with one client considering him to be ‘the best competition lawyer in Portugal’. The department is likewise ‘prompt and meets agreed deadlines’.
The ‘very good’, Cuatrecasas, Gonçalves Pereira recently represented easyJet with the acquisition of the entire issued share capital of GB Airways. The team also assisted UnitedHealth Group on filing a joint notification before the PCA, together with Vieira de Almeida on behalf of Tranquilidade, concerning the acquisition and control of AdvanceCare – Gestão de Serviços de Saúde by transfer of part of the share capital. Described by clients as ‘professional and updated’, the team is recommended for its ‘high degree of legal know-how and personal, professional quality’. Frederico Pereira Coutinho leads the department, while former European Commissioner António Vitorino offers strong expertise in this practice area.
GARRIGUES PORTUGAL, S.L. – Sucursal is developing its strengths in merger control, anti-trust issues, and compliance matters. The team works closely with colleagues in both Spain and Brussels, while also utilizing the anti-trust expertise of its Latin-American office. Recent highlights include assisting PT Multimédia with a notification before the PCA concerning the acquisition of Bragatel, Pluricanal Leiria and Pluricanal Santarém. Other instructions derive from Barclays Bank and Endesa. Clients appreciate the team’s ‘swift and reliable solutions and proposals’. Practice head João Paulo Teixeira de Matos is noted for his ‘knowledge, reliability and experience’.
Considered to have ‘the highest standards in Portugal’, Uría Menéndez continues to act in some of the country’s most high-profile competition cases. The team advised leading complainants Cabovisão through a long-running antitrust investigation against PT Comunicações. This landmark case saw the highest ever fine of €38m issued by the Portuguese Competition Authority for the abuse of a dominant position. The team was also instructed by Jerónimo Martins Group in a merger control case before the PCA, concerning the acquisition of supermarket chain Plus Discount Portugal. Clients choose the team for its ‘reliability and availability’ and ‘highly skilled negotiation techniques’.
Abreu Advogados advised Associação dos Profissionais de Serviços Funerários de Portugal on state aids matters, while also acting for Staples on competition issues regarding commercial agreements and distribution rights. Armando Martins Ferreira is the team’s leading individual.
Franco Caiado Guerreiro & Associados advised wind turbine company Ecotecnia on merger control obligations regarding its acquisition by Alstom. The team is also assisting ExxonMobil with competition matters, particularly in regards to merger controls and the sale of its Portuguese subsidiaries to Galp.
Macedo Vitorino & Associados is advising Nestlé Portugal with regards to unfair competition matters and infringement of the Nespresso trademark. The team also advised Tele2, and subsdquently Sonaecom, on a complaint filed against Portugal Telecom for abuse of dominant position.
Raposo Bernardo’s competition practice is led by Sofia Ferreira Enriquez and Paulo Alexandre Matinha, whose key clients include Bioaxo Laboratories and Pestana.
Serra Lopes, Cortes Martins & Associados is active in merger controls and notifications, providing day-to-day competition advice to a number of its prestigeous corporate clients. Miguel Pena Machete is recommended.