Entered into force on the 25th February, the Decree-Law n. 166/2013 of 27 December, approving the new legal regime of the individual restrictive trade practices, (revoking the previous Decree-Law n. # 370 / 93 of 29 October).This scheme is applicable to companies established in national territory, excluding its application to services of general economic interest, transactions with origin or destination in the country outside the European Union or the European Economic Area, and transactions subject to sectoral regulation .
highlight then most relevant changes:
highlight then most relevant changes:
- Remains the prohibition of discriminatory prices or sales conditions and unjustified refusal by a company selling goods or providing services to another company, as well as encourage transparency in pricing policies and conditions of sale , price lists should be provided with the relevant conditions of sale, on request.
- Under the ban on selling below cost (dumping), clarifies his notion, determining the prohibition of selling or offering for sale of an asset for less than its actual purchase price price.
- Defines the actual purchase price as that which corresponds to the constant unit price of the purchase invoice, net of payments or discounts that are directly and exclusively relate to the transaction of the products concerned, and which are identified on the invoice itself, or By this reference in supply contracts or price lists in force at the time of the transaction and are determined at the time of issue, including quantity discounts, financial rebates and promotional discounts, are identifiable as the product, its amount and period that will expire.
- The discounts granted in a particular product are considered in determining the sales price, and discounts are deferred in time when determinable at the time of issuance of the invoice (eg discounts on card) consisting of the assignment of a right to compensation at a later acquiring equivalent goods or otherwise, granted to each product, are charged to the quantity sold of the same product from the same supplier and within the last 30 days. Excluded from the concept of selling below cost (i) the goods which are under threat of rapid deterioration, (ii) the assets whose market value is affected by the situation which determined the need has passed, by reducing its usability or in the event of major technical innovation, (iii) the goods whose replenishment with other assets with similar characteristics, to take place at a lower price, substituting the actual purchase price by the price resulting from the new purchase invoice, and (iv) goods sold on sale or liquidation;
- There is enlargement of business practices deemed unfair, considering that this concept integrates the retroactive amendment of a supply contract. Are also prohibited business practices between undertakings translated: the impossibility of imposing sale to another company at a lower price; obtaining prices, terms of payment, terms of sale or terms of trade cooperation exorbitant relative to their general conditions of sale; the unilateral imposition of direct or indirect holding of promotion of a product or of any payments as consideration for a promotion, and implementation of compensatory deals for ongoing or occurred
- Within the agri-food sector, the law also provides for the prohibition of unfair business practices specific buyer when the supplier is a micro or small enterprise, producer organization or cooperative.
- Increments the value of penalties and fines provided – which had a maximum value of 3,740 euros for individuals and 15,000 euros for companies, and whose limit shall be EUR 20,000 for individuals, and for companies that a distinction is made according to their size. Depending on the offenses committed, the maximum fines for micro, small, medium enterprises or large companies can go, respectively, to 50,000, 150,000, 450,000 or 2,500,000 euros.
- Additionally, it is expected to be determined by the supervisory bodies of precautionary measures and implementation of periodic penalty payments in case of non-offending agent.
- The supervisory authority’s compliance with the rules of the new regime and responsible for the implementation of their fines shall be the Authority for Food and Economic Safety (ASAE).
- Is involved in the institutionalization of self-regulation allowing the adoption by the representative structures of all or some sectors of economic activity instruments of self-regulation of their commercial transactions, which are subject to approval by the Cabinet members responsible for the economy and sectors activity represented in these instruments.
Under the new law, all existing supply contracts for its entry into force shall be reviewed and made consistent with the legal framework now established, failing to cease, within 1 year. Have the terms of the new contracts that are nonconforming to the new regime will be void.