Legal alert no. 101

Decree-Law no. 128/2019, dated from August 29th - amendments to the Regime Applicable to Restricted Individual Practices of Business (“RIPB”)

It was published today, in the Portuguese Official Gazette, Decree-Law no. 128/2019, dated from August 29th, which amends the legal regime applicable to RIPB, approved by Decree-Law no. 166/2013, dated from December 27th.

The amendments to the legal regime applicable to RIPB, foreseen in Decree-Law no. 128/2019, dated from August 29th, aim the strengthening of transparency in business relations, as well as the reinforcement of the provisions regarding the balance of negotiating positions between business players, justified by the need to add some adjustments to RIPB’s legal regime, concerning these subjects.

This Decree-Law prohibits unilateral practices which aim or correspond to (i) an imposition of anticipation of the compliance of agreements, without indemnity or (ii) an imposition of debits which are not foreseen in the agreement, after the supply of goods or services.

On the other hand, the capacity of operation, monitoring and investigation of the Portuguese Food and Economics Authority (“FEA”) is reinforced, through the clarification of certain provisions which raised practical difficulties regarding the operation of the monitoring entity, as well as in the confidential safety of the complainants of prohibited practices.

This Ministerial Order shall enter into force in January 1st, 2020.

To access the complete text of Decree-Law no. 128/2019, of August 29th, please click here.

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