Webinar “First Super Bock, now Banking Cartel, and what else to expect from Portugal for antitrust” November 21, 2023 - SPK

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SPK News Webinar “First Super Bock, now Banking Cartel, and what else to expect from Portugal for antitrust” November 21, 2023

Webinar “First Super Bock, now Banking Cartel, and what else to expect from Portugal for antitrust” November 21, 2023

We cordially invite SPK members to an online workshop on November 21, 2023, at 5:30 pm (registration from 5:15 pm), during which Prof. Miguel Sousa Ferro of the Faculty of Law of the University of Lisbon will discuss the CJEU judgment of June 29, 2023, in Case C 211/22, Super Bock Bebidas, and other current cases before the CJEU emanating from Portugal.  The workshop will be held in English (translation will not be provided).

UOKiK practically blazed the trail for other authorities in the EU in prosecuting resale price maintenance – which has then firmly taken root in (dare we say: dominated) Polish antitrust jurisprudence. Not surprisingly, we were quick to focus our attention on the Super Bock ruling. Some of us hailed it as groundbreaking, while others shrugged it off. It did not help that some commentators inferred from it that competition authorities can only find a by object infringement if they show that it has anticompetitive effects.

The potential relevance of the Super Bock ruling for UOKiK’s output and the confusion that arose around its interpretation and possible implications is the first reason to participate in this workshop, but not the only one. CJEU has namely tackled cases which originated in Portugal several times this year. Apart from the Super Bock Bebidas case, in October alone we saw the opinion of AG Rantos in Case C 298/22, Banco BPN/BIC Português SA, and the judgment of the Court in Case C-331/21, EDP – Energias de Portugal SA. Interestingly, the Super Bock judgement and the other rulings emanating from Portugal which are now – or have recently been – on the CJEU’s agenda, have one common leitmotiv – they are a good starting point for considering the broader, and currently very relevant, problem of identifying by object infringements, including in the context of disputes over whether there should be less or more formalism in competition law enforcement.

During our workshop, we will have a unique opportunity to hear about this straight from the source – from a prominent representative of Portuguese legal doctrine and practice. Prof. Miguel Sousa Ferro teaches law at the University of Lisbon and has also previously lectured at the Universities of Toulouse, Białystok, the College of Europe, and the Universidade Europeia (Portugal). He is co-director of the Portuguese Competition & Regulation Journal and has published six monographs and more than 100 articles in national and international journals. His most recent books are “The EU Antitrust Damages Directive: Transposition in the Member States” (Oxford University Press) and “Market Definition in EU Competition Law” (Edward Elgar). His career has also included law firms in Brussels, as well as the General Court of the European Union. He was a member of expert working groups that assisted the Portuguese antitrust authority in the preparation of the draft transposition of Directives 2014/104/EU and 2019/01/EU (ECN+).

We kindly ask you to register in advance – we will send a link to the event to those registered the day before the workshop.  Registrations will be accepted by email at: spk@spk.com.pl or by phone at (22) 242 5138.

Please note: photos and recordings may be taken during this event.  By registering for the workshop, you consent to the publication of your image in photographs or recordings taken during this event for publicity purposes or for inclusion on the SPK website.