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Changes to competition regimes, individual trade-restrictive practices and general contractual clauses

Alteração aos regimes da concorrência, das práticas individuais restritivas do comércio e das cláusulas contratuais gerais

Decree-Law No. 108/2021, of 7 December, which amends the competition regime, the regime of individual practices restricting trade and the regime of general contractual clauses was published.

With this new regime, a new clause was introduced in the list of clauses that are relatively prohibited in relations between entrepreneurs or similar entities. This clause prohibits, depending on the standardized negotiation framework, clauses that establish, in favor of those who predispose them, excessive remuneration commissions or that are discriminatory depending on the nationality or place of establishment of the counterparty.

It is also established that a specific economic operator that performs the functions of an intermediary is prevented from imposing contractual clauses that oblige economic operators to guarantee that the intermediary offers the good or service to the market at the best price.
The intermediary, after negotiating with a supplier of a good or a service provider, may not later offer a lower price to other companies or consumers, even at the expense of the intermediary. of the respective commission.
This legal regime contributes to, in the tourism sector, the establishment of a competitive market, free from commercial practices that unbalance economic relations and free from abusive clauses, contrary to good faith in economic relations and prevents intermediary companies from passing on the previous prohibitions on the amount of commissions charged to suppliers of goods or services in contracts entered into.
This decree-law enters into force on January 1, 2022.

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