As the year draws to a close, the Autoridade da Concorrência (AdC) - Portuguese Competition Authority announces its New Year Resolutions, in the guise of the 2024 Competition Policy Priorities (link below). As always, it’s a short document, highlighting what the Authority would like to focus on in the year ahead, with great reliance on the “golden oldies” of cartels, dominance and gun jumping (and highlighting an increasing number of merger prenotifications, as article 22 EUMR and “call ins” based on ever more sophisticated market definitions take centre stage EU-wide). Also, a renewed commitment to e-forensic tools (they have been talking about this for a while now), a DMA interest and increased international cooperation. Saving the best for last, the Authority also renews its last year’s resolution to improve its internal checks and balances and decision-making transparency. All good.
However…
2023 saw big challenges to the way the Authority goes about its business: cartel decisions being quashed on merits, almost all cases in the Competition Court being suspended or otherwise while the courts decide what to do with the (il)legality of email searches, resources being stretched at the merger control department (counting 80 mergers filed in ‘23 so far), and an increasing number of referrals to the Court of Justice, all combined took some of the wind out of the Authority’s sails. Even with some impressive victories in verticals and dominance cases, 2023 will probably not go down as one of the most successful in the Authority’s 20-year history.
Here’s hoping 2024 brings renewed clarity and purpose to our competition policy and enforcement.
Have a Happy New Year!
Partner, Litigation & Investigation at A&O Shearman
3 meses👏 Bosco De Checa