THE LAW OF COMPETITION - A CRIME OR A MERE MISDEMEANOR?

Noémia Bessa Vilela () and José Caramelo Gomes ()
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Noémia Bessa Vilela: Universidade Portucalense Infante D. Henrique; IJP – Portucalense Institute for Legal Research
José Caramelo Gomes: Universidade Portucalense Infante D. Henrique; IJP – Portucalense Institute for Legal Research

Perspectives of Law and Public Administration, 2017, vol. 6, issue 1, 117-127

Abstract: Competition is a public good that supports the proper functioning of the market economy and democracy itself. Competition is the priority public good in a market economy since only through it can the goal of efficiency of affectation and well-being be achieved. It is necessary to assess, in terms of their impact on the wellbeing of citizens in general, those that are consumers, as well as the impact of competition on preservation and self-preservation of companies. The behavior of economic agents, which we will mainly address as violators of competition law, has a large impact on the private sphere of citizens and other companies. From immemorial times, this reality has been, at least, intuitive and its function attributed to the Law. Unlawful competition may, from a legal point of view, invest distinct types, as becomes evident from a geographical and temporal comparison. In our study we address the evolution of the Competition law in Portugal throughout he years, and its implications. We conclude that the non-criminalization of acts that violate the provisions of Competition Law promotes a repetition, as reiterated behavior, since these are highly profitable actions, even in the case of very high pecuniary sanctions.

Keywords: competition law; Portugal; economy; crime; misdemeanor. (search for similar items in EconPapers)
JEL-codes: K22 (search for similar items in EconPapers)
Date: 2017
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