2019-05-21

The low voltage grid is the part of the grid that leads directly to the consumption locations. In Portuguese mainland the low voltage grid stretches across 108.938 km above ground and 33.389 km underground. It also includes 67.063 transmitters. 

The role of the Operators of the Distribution Grid (“Operators”) consists in managing the network (delivering the necessary power to the requested places) by developing and maintaining the existing infrastructures. 

In the last decades Energias de Portugal, S.A. (“EDP”) has dominated the Portuguese medium and low voltage grids. There are currently eleven operators with unequal market shares in Portugal. In 2016 EDP Distribuição controlled the market by holding 99.5% of the market share and 6.099.905 clients. 

The other ten operators, together, hold 0.5% of the market share with 30.000 clients. They are small local communities organized as cooperatives that only operate in individual municipalities or autonomous regions (Azores and Madeira).

These concessions to operate the low voltage grids were given by contracts with twenty years of length. However, the term of the concessions is near.

The Portuguese Government has recently announced the launch of public tenders on concessions of low voltage distribution network as the existing ones are reaching their term. 

However, the rights over the distribution grid belong to the municipalities. In the Portuguese mainland the 278 municipalities must decide if they prefer a direct management of the grid or if they prefer to submit it to the tenders.

This paper aims to provide an update on the Portuguese low voltage concessions describing how the newly announced tenders are expected to be organized and the consequences they will have in the Portuguese energy market.

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2019-01-25

At the end of 2018, we visited many Portuguese Internet websites of some large and not so large businesses to check if they complied with the General Data Protection Regulation (GDPR) and the European regulation on privacy and electronic communications proposal («e-Privacy» regulation proposal).

While the GDPR is the general regulation for processing of personal data, the «e-Privacy» regulation aims to update the «e-Privacy» Directive and addresses data privacy in the electronic communications sector, including email and SMS messages and also services like WhatsApp, Facebook Messenger and Skype, along with Internet of Things (IoT) devices.

In our review, we found several examples of unlawful practices or, at least, non-recommended practices in violation of the GDPR and potentially contravening the «e-Privacy» regulation proposal.

Read our full report here.

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2018-12-04

Following the end of Portugal’s bailout programme by the European Union (EU), the International Monetary Fund (IMF) and the European Central Bank (ECB), which lasted from May 2011 until June 2014, Portugal has lived a period of steady economic growth with heavy investments in the property market. ​

From 2014 to 2017 foreign direct investment increased two times approaching pre-crisis levels, pushed by increased activity in the private sector, mergers & acquisitions and investments in residential and commercial real estate assets. ​

Investment in real estate boomed. The golden visa programme which gives foreign investors the possibility of obtaining a Portuguese visa with a minimum €350,000 investment in real estate, and the non-frequent residence tax regime, allowing for a 20% taxation on income, and the boom in short term residential leases were the main factors for attracting investment in medium-size properties, especially in the residential market. ​

Portugal is also becoming one of the preferred European touristic destinations. The afflux of tourists led to increased investments in new hotels and residential projects for short term leases.​

Still prices and yields in the current market conditions continue interesting to many investors, as local banks and corporations holding large real estate portfolios continue to dispose of their real estate assets.​

The retail and office markets are also attracting the attention of investors. The valuation of street shops in prime areas in Lisbon and Oporto have peaked. The scarcity of new office space is also leading to new investments.​

The ECB’s quantitative easing measures, the liquidity of the financial markets and banks’ openness to finance a growing demand for real estate finance are feeding investors’ appetite for real estate assets in Portugal. ​

As Portugal emerges from its worst crisis in the last thirty years, the Portuguese real estate market continues to offer interesting opportunities, still with good valuation prospects.​

This paper provides an overview of the Portuguese real estate market and main legal and regulatory issues affecting the investment in property in Portugal, including, types of property interests, lease contracts, financing real estate assets, investment structures and tax issues.​

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2018-11-12

Portugal has made several changes to its employment laws in the last few years and increased the flexibility of the legislation to attract foreign investment.

According to the ILO survey “Decent Work in Portugal 2008-18: From crisis to recovery”, Portugal stands as a solid example of successful and swift economic and labor market recovery, without compromising on workers’ rights”.

The labour reform approved in 2009 and the changes introduced after Portugal’s international bailout in 2011 have contributed to reduce the level of rigidity of employment rules. Nowadays Portugal is also better ranked in OECD´s Employment Protection Legislation Index.

Several aspects of the legislation have been revised since the adoption of the 2009 Labour Code, which adopted more employer-friendly legislation concerning the organisation of the workforce. For instance, working schedules may now be managed in a more flexible way without increasing the labour costs. The Labour Code also contains flexible rules that allow the employer to unilaterally change the place of employment and the employee’s functions.

According to the WEF Report, the changes in the labour regime has put Portugal 0.3 points behind the EU average, but ahead of larger European countries such as Spain and France.

After Portugal’s international bailout in 2011, Portugal simplified the termination procedures, reduced the severance pay, decreased the holiday leave period and suspended some public holidays.

Of course the elimination of some public holidays, rest days after overtime were not consensual, even though viewed as necessary by the Troika at the time.

After the general election of 2015, the suspension of the public holidays was removed in 2016 but no relevant changes to the labour legislation were made.

Portugal believes that the system now strikes the right balance between securing employees’ acquired rights and benefits and the level of flexibility required by employers.

According to Pordata, a national database of socioeconomic data, the average number of working days lost through industrial action by employee in 2016 was 11.8 days in 1,000, which is significantly lower than in several other European countries such as Spain where 21.2 days were lost in the same year.

 

Hiring employees

Hiring in Portugal is subject to the mandatory rules and statutory limits on several matters, such as remuneration, working hours, holiday rights or duration of contracts.

Employment contracts. In general, employment contracts do not need to be in writing. Only for some types of contracts the law requires a written document, including, but not limited to, fixed-term contracts, part-time contracts, contracts with foreign employees, and secondment contracts.

Regardless of the type of contract, the employer must inform in writing the employee on working conditions, including, workplace, job position, term and relevant grounds, employee’s pay, collective bargaining instrument (if any), employer’s accident insurance policy and employee’s compensation fund, and within 60 days from the effective date of the contract.

Salary. Employees are entitled to a minimum monthly salary set out by the Portuguese Government. In addition, employees are entitled to receive Christmas bonus and holiday bonus.

Working hours. The maximum regular working period is of forty hours per week, eight hours per day.

Employees are entitled to a minimum rest period of eleven consecutive hours between two successive daily work periods, as well as to one day of rest per week. An additional half or full day of rest (in all or in certain weeks of the year) may be also given other than the rest day required by law.

Holidays. Employees are entitled to twenty two working days of paid holiday per year, and to national public holidays.

Under collective bargaining agreements, employers may be obliged to grant two optional public holidays: Carnival/Shrove Tuesday and the local municipal holiday.

Health and safety. The employer must ensure employees health and safety conditions at work and hence comply with a set of general principles and duties aiming at the prevention of work accidents and professional illnesses.

Employers are obliged to ensure: (i) technical work accident preventive measures; (ii) employee training, information and consultation on workplace safety; (iii) internal or external health and safety services. The employer must also contract an insurance to cover work accidents risks for each employee.

Social Security. The Social Security contribution is a tax levied on the labour income, which is charged to employers and employees at the rates of 23.75% and 11% respectively.

 

Types of employment contracts

Fixed-term contracts. Contracts that are in force for a pre-established period set according to employer’s temporary needs, which must be specified in the contract, and expire at the end of the agreed term, unless they are renewed; fixed-term contracts cannot be renewed for more than three times and have a maximum duration of three years.

Term employment contracts must contain a detailed description of the relevant grounds and there must be a clear connection between the relevant grounds and the term. Otherwise, the employer may be subject to fines and the term contract could be legally converted into an open-ended employment contract.

Unfixed-term contracts. Contracts that are not subject to a pre-established period, but expire after the completion of the employer’s project or when the reason for which the employee was hired ceases to exist; unfixed-term contracts have a maximum duration of six years.

Open-ended contracts. In case the parties do not agree a term (fixed or unfixed), the employment contract is deemed to be entered into for a permanent period of time, which means that the contract can only cease upon termination by one of or both parties under the law, namely in case of just cause for dismissal.

Probation period. The probation period is the period during which either party may unilaterally terminate the contract without prior notice and without cause, during which no compensation required.

The maximum probationary period is:

For open-ended contracts:

  • 240 days for employees with management or senior positions;
  • 180 days for employees with job positions of technical complexity, high degree of responsibility or which require special qualifications, and for employees who perform duties of confidence; and
  • 90 days for other employees;

For fixed and unfixed-term contracts:

  • 30 days for contracts with a duration equal or higher than six months; and
  • 15 days for contracts with a duration of less than six months.

 

Salary

Employees are entitled to a minimum salary, which is set by the Portuguese Government and updated annually based on the cost of living, national productivity and the government’s prices and incomes policy.

Portugal's minimum salary is calculated based on a flat monthly rate. The national minimum salary in Portugal in 2018 is €580 per month (based on 14 payments a year). For certain jobs and professions, the minimum salary may be agreed by collective bargaining agreements, which could not however provide for an amount fewer than the minimum salary legally set out by the Government.

The salary must be paid on a regular and permanent basis and may be fixed, variable or mixed (comprising fixed and variable components).

In addition to the salary, employees are entitled to:

  • Christmas bonus: equal to one month salary payable until 15 December of each year; and
  • Holiday bonus: equal to one month salary payable before the holiday leave period.

Employers may not offset credits held over employees against any salary or make any discounts or deductions from employees’ salary during the period the employment contract is in force.

There are however exceptions (and up to certain limits), including:

  • Deductions in favor of the State, Social Security or other entities ordered by law, court decision or mediation settlement, provided that such decision or settlement has been notified to the employer;
  • Compensation determined by a court decision or a mediation settlement;
  • Monetary penalties resulting from a disciplinary procedure;
  • Repayment of capital and payment of interest on loans granted by the employer to the employee;
  • Prices of meals at the work place, use of telephones, supply of assets, petrol or materials, when requested by the employee, as well as other costs incurred by and with the employer’s consent on behalf of the employee; and
  • Subsidies or payments made in advance and on account of the employee’s salary.

 

Holiday rights

Employees are entitled to 22 working days of paid holiday per year. The holiday right is mandatory, which means that holiday entitlement may not be replaced by any compensation, financial or otherwise, even if upon employee’s approval. Employees may however waive the part of their holiday rights exceeding 20 working days.

In the same working year, the holiday leave period cannot exceed 30 working days, save as otherwise established by collective bargaining agreement or other instrument.

The holiday right becomes due on January 1 of the following year, except:

  • In the hiring year and after six months of work, the employee is entitled to two working days of holiday per each complete month of work up to the maximum of 20 working days. If the end of the year is reached before this period or before the employee takes his/her holiday, the employee may enjoy the holiday leave period until June 30 of the following year;
  • In case of employment contracts up to six months, the employee is entitled to two working days of holiday per each complete month of work;
  • In case of employment contracts up to 12 months or ending in the year subsequent to the hiring year, employee is entitled to a holiday leave period pro rata to the duration of the employment contract.

As a rule, the holiday leave period should be taken in the year it becomes due. In exceptional cases, employees may take the holiday leave period afterwards insofar this takes place until April 30 of the subsequent year and upon employer’s agreement.

The schedule of the holiday leave period should be agreed between the employer and the employee. In case this agreement fails, the employer must schedule the holiday leave period and give the employee the right to take the holiday between May 1 and October 31.

Regardless of agreement between the employee and the employer, employees are entitled to, at least, take 10 consecutive working days of holiday leave period.

Employer’s failure to comply with the holiday’s schedule constitutes a serious administrative offence and may entail which vary according to the employer’s turnover.

In addition, employees are entitled to take the day off in public holidays. Presently, the public holidays in Portugal are: January 1, Easter, Good Friday, April 25, May 1, Corpus Christi, June 10, August 15, October 5, November 1, December 1, 8 and 25.

 

Parental protection rights

Portuguese employment law establishes several statutory rights to puerperal, pregnant and nursing women, as well to parents.

Pregnant employees’ rights. In case employees’ work duties entail clinical risks to a pregnant employee or to her unborn child, the employer will either:

  • Provide the pregnant employee with alternative working conditions;
  • Replace the employee to a workplace compatible with her pregnant condition; or
  • Avoid pregnant employee’s exposure to risks for as long as necessary.

Pregnant employees are exempt from performing night shifts, working overtime or in hour banks or in concentrated working schedules. They are also entitled to a work leave to attend prenatal medical appointments and, after the birth, to breastfeed the baby.

Initial parental leave. Employees (mothers or fathers) are entitled to an initial parental paid leave of 120 or 150 consecutive days and corresponding to 100% or 80% of the salary, respectively.

If both parents share the initial parental leave, the leave period may be increased by 30 days. In this case, and after the mandatory six-week period to be taken by the mother after childbirth, both parents must take 30 consecutive days or two periods of 15 consecutive days.

Mother’s parental leave. All female employees must take a six-week period leave immediately after childbirth and may take 30 days before birth, in which case the employer must be informed within at least 10 days in advance (or as soon as possible, in case of a medical emergency) and receive a doctor's statement with the expected due date.

Father’s parental leave. An employee who becomes a father is entitled to take a paid leave of up to 20 working days, as follows:

  • 10 mandatory working days, five of which must be consecutive and taken immediately after childbirth and the remaining five days in the following 25 days; and
  • The remaining 10 working days are not mandatory and may be taken successively or alternately after the mandatory period above and along with the mother’s initial parental leave.

The termination of an employment contract of a puerperal, pregnant or nursing woman requires a prior legal opinion of the Commission for Employment Equality (Comissão para a Igualdade no Trabalho e no Emprego).

Failure to comply with parental protection rights is deemed a very serious offense which may lead to fines.

 

Restrictive covenants

As a general rule, restrictive covenants during employment or after its severance are void. However, it is possible to include non-compete and non-termination covenants in certain conditions.

Exclusivity and non-compete covenants. Exclusivity clauses (during employment) and non-compete agreements (after termination) are allowed if the following requirements are met:

  • The non-compete covenant is agreed in writing (for instance, under the employment contract);
  • The performance of a competing activity by the employee is likely to cause harm to the employer;
  • Compensation amount is agreed and payable to the employee; and
  • The non-competition covenant may not exceed two years after termination of the contract or, in some exceptional cases, up to three years if the activity performed entails a special relationship of trust or access to sensitive information.

Except for these cases, restrictive covenants agreed in employment contracts or those settled in collective bargaining agreements could be considered null and void insofar they limit employees’ freedom of work.

Non-termination covenant. In order to compensate the employer for high expenses incurred with the employee’s professional training, employees may also agree non-termination covenants, whereby the employee undertakes not to terminate the contract during a period of no more than three years.

The employee may in any case anticipate the end of this period by reimbursing the employer for the relevant expenses incurred.

To enforce restrictive covenants after termination of the employment contract, the agreement must state either the compensation amount payable to the employee or its calculation criteria. This compensation could be paid in instalments during the term of the agreement or all at once. The parties may also agree on contractual penalties applicable in case of breach of restrictive covenants.

Garden leave. In the context of pending disciplinary proceedings, garden leaves are permitted under law, particularly after the accusation note has been served to the employee. In turn, when resigning or when having been served a prior notice for dismissal (e.g. collective dismissal), employers could not impose the employee to cease performing his/her work role until the prior notice period is completed. In this scenario, the best option is the employer to instruct employees to use any unused holiday leave period.

 

Termination of employment contracts

Expiration of term employment contracts. Term employment contracts expire at the end of their initial or renewal term, provided that serves a termination notice to the employee as follows:

  • In fixed-term contracts, 15 days prior to the term of the contract; and
  • In unfixed-term contracts, seven, 30 or 60 days prior to the relevant date if the employment contract has lasted for less than six months, from six months to two years, or more than two years, respectively.

Collective dismissal. A collective dismissal is possible if the employer intends to dismiss a minimum of two employees (in companies with less than 50 employees) or five (in companies with 50 or more employees) within a three month period. Collective dismissal must have one of the following grounds:

  • Market structure reasons;
  • Organization-related and economic reasons; and/or
  • Technological reasons.

Mutual agreement. Employee and employer may freely agree in writing to terminate the employment contract. The termination agreement may be revoked by the employee within seven days from the effective date, except if the agreement is executed towards a public notary.

Redundancy. In case the number of employees involved does not allow a collective dismissal, termination on the ground of redundancy could be an alternative. Redundancy must be justified on the same grounds as collective dismissal and meet the following requirements:

  • The reasons for the termination do not relate to an intentional behaviour of the parties; and
  • The same tasks are not being executed by employees hired under a term employment contract.

Employee’s ineptitude. The employer may terminate the employment contract when the employee demonstrates ineptitude or inability to perform the assigned tasks, provided that such ineptitude occurs in the course of the performance of the functions.

Breach. The employer may terminate the employment contract under disciplinary grounds following by a disciplinary procedure carried out towards the employee.

In case of failure to comply with specific termination rules and formal procedures required by law, the termination could be deemed as unlawful and the employee entitled to (i) compensation for damages; (ii) the employee’s salary (including holiday and Christmas bonuses) from the dismissal date until the court’s final decision; and (iii) choose between reinstatement or compensation to be ruled by the court.

 

Severance compensation

Employees subject to collective dismissal, redundancy or employee’s ineptitude are entitled to severance compensation, which varies depending on the employee’s seniority period and execution date of the employment contract.

For open-ended contracts entered into before 1 November 2011, the severance compensation will be calculated as follows:

  • Until 31 October 2012: one monthly base salary and seniority per each year of employment;
  • Between 31 October 2012 and 30 September 2013: 20 days of monthly base salary and seniority per each year of employment; the amount of the monthly base salary and seniority may not be higher than 20 times the minimum monthly salary;
  • After 1 October 2013: 18 days of monthly base salary and seniority per each year of employment in the first three years of the contract, and 12 days of monthly base salary and seniority per each year of employment in the following years (the New Rules).

If the compensation calculated for the period until 31 October 2012 is equal or higher than 12 monthly base salaries and seniority or 240 of minimum monthly wage (Relevant Threshold), the period after 31 October 2012 will not be taken into account; if that compensation is less than the Relevant Threshold, the total compensation may not exceed the Relevant Threshold. The minimum compensation is three monthly base salaries and seniority.

For term contracts entered into before 1 November 2011, the severance compensation will be as follows:

  • Until 31 October 2012: three or two days of base salary and seniority per each month of employment, if the term of the employment is lesser or higher than six months, respectively, with a minimum of three monthly base salaries;
  • After 31 October 2012 and until 30 September 2013: 20 days of monthly base salary and seniority per each year of employment; the amount of the monthly base salary and seniority may not be higher than 20 times the minimum monthly salary;
  • After 1 October 2013: it is applicable the New Rules; and
  • Minimum compensation is three monthly base salaries and seniority.

For employment contracts entered into on or after 1 November 2011, the severance compensation will be calculated in accordance with the New Rules and the severance compensation may not exceed the Relevant Threshold. No minimum severance compensation amount is imposed by law.

In addition to the severance compensation, employees are entitled to all other existing labour credits, including outstanding amounts owed prior to the termination date (e.g. overtime work) and the proportional amounts of Christmas bonus and of the holiday leave period.

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2018-10-15

NPL rates fall as banks unload their NPL backlogs. Several large transactions involving non-performing mortgages are expected for 2018/2019. Sill non-performing corporate loans still weight on banks’ balance sheets.

Presently, seven years after the beginning of the bailout program and four years after its end, the amount of Portuguese NPLs remains high despite the reorganisation of the banking sector and the steps taken to deleverage the economy.

In the wake of the European bank crisis fuelled by the Greek, Irish, Portuguese and Cyprus bailouts, the European banking authorities imposed more stringent stress tests on banks, ordered the strengthening of banks’ own funds and the contribution of shareholders and creditors for the recapitalisation of distressed banks.

However, the European bank resolution mechanisms do not respond to the apparently less critical situations where imbalances result from the difficulties in disposing of non-performing loans, which can become more serious when they reduce the liquidity of banking institutions and undermine the confidence of depositors.

As a result, public and private indebtedness in Portugal and in other European countries remains high and non-performing loans still weigh heavily on banks’ balance sheets.

In this briefing we review the main NPL market indicators and the steps given by the Portuguese authorities to reduce Portugal's NPL backlog. 

Read our full report here

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2018-10-02

In 2017 Portugal has transposed the Directive (EU) 2015/849 of the European Parliament and of the Council, on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. Portuguese BOCR became effective on 1 October 2018.

Directive (EU) 2015/849 appeared as a new European Union (EU) effort to prevent money laundering and/or terrorist financing and to maintain the confidence in the Union's financial system.

The Directive aimed at increasing transparency in the identification of beneficial owners, requiring all Member States to hold information on beneficial owner of several legal entities in a national central register. The Directive entered into force on 26 June 2015, and all Member States were granted a two years deadline to transpose it into national law.

Law no. 83/2017, of 18 August (the “Money Laundering Law”) and Law no. 89/2017, of 21 August (the “Ultimate Beneficial Owner Law”) were responsible for transposing the Directive in Portugal. The later, which is already in force, establishes the legal framework for the Beneficial Owner Central Register (BOCR).

The BOCR emerged as a response to the need to identify any natural person who exercises ownership or control over a legal person in order to ensure effective transparency. The accurate information on the beneficial owner is a key factor in tracking money laundering criminals who might otherwise hide their identity behind a corporate structure.

The Money Laundering Law defines who are the beneficial owners of a legal person and the relevant criteria to presume it in case the main requirements are not possible to verify.

With the same purpose of preventing money laundering, the Portuguese Government has prohibited the issuing of bearer shares.

Decree no. 233/2018, of 21 August, which regulates the BOCR, establishing the form, term and publicity of the relevant information provided, has entered into force on 1 October 2018.

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2017-12-18

Despite biomass electricity production not showing a significant increase in recent years, the need to rearrange the forest sector and the new governmental plans will provide an opportunity for growth.

Portugal has proved to be one of the European leading countries as far as the investment on the production of renewable energies is concerned. In 2015, 28% of the energy consumed was produced by renewable sources. This means the country is the eighth largest among European countries and the fifth largest among countries that share the euro and is expected to reach 31% in 2020.

In 2016, 58% of the electricity produced in Portugal was generated by renewable sources. In 2017, it slightly decreased to 47%.

Taking into account 2017 most recent data, biomass represented 5.1% of the electricity produced in Portugal, wind power represented 21.6%, hydropower represented 15%, and solar power represented1.6%; the remaining 56.7% were still supported by fossil fuel.

The last 9 years witnessed an exponential growth of electricity generation capacity from biomass. Between 2008 and 2017, power increased from 454 MW to 735 MW, corresponding to an increase of 61,9% In turn, the biomass production of electricity increased by 66% since 2008, ranking the Portuguese current production by 3075 GWh per year.

The target set by the National Action Plan of Energy for 2020 (“PNAER 2020”) of 769 MW of biomass electricity generation capacity by 2020 has almost been fulfilled, although, since 2010 the generation capacity has only increased by 3%.

The Portuguese Government’s current policy aims to change this scenario by issuing new production licenses for biomass energy. Decree law 64/2017 establishes a special and extraordinary regime for the installation and operation of new municipally owned biomass power stations. Municipalities will be allowed to assign their management to public or private entities.

The present paper is intended to provide readers with an overview of this specific sub-sector of renewable energies that could benefit from the long-awaited political impulse regarding the reform of the forest sector.

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2017-11-28

PPP have allowed in the past Portuguese and foreign private entities to invest and operate healthcare infrastructures and facilities in Portugal, reducing public spending in new hospitals and improving the service and management levels of the Portuguese healthcare system.

The healthcare sector played  a relevant role in the establishment of Public/Private Partnerships (“PPPs”) in Portugal. It promoted new ways of sharing risk for healthcare care investments and new management experiences. It allowed private investors participation in the design, construction, financing and operation of hospital units within the National Healthcare Service (“SNS”).

Although the investment and operation of these units was undertaken by a private partner, SNS beneficiaries maintained the same access rights and privileges to clinical services as in any other public hospital.

On the other hand, PPP also had a positive impact on the running of the SNS by providing a benchmark for the operation of public hospitals.

All started with Amadora Sintra hospital, back in 1996. Unlike the other PPP’s that followed, all derived from the design, build, finance and operate model, the Amadora-Sintra hospital was built and financed by the SNS to be operated by a private company, José de Mello Saúde S.A., under a management and operation agreement.

The other Portuguese hospitals currently under a PPP regime are: (i) Loures Hospital (serving approximately 278,000 inhabitants), (ii) Braga Hospital (serving approximately 365,000 inhabitants), (iii) Cascais Hospital (serving approximately 285,000 inhabitants), and (iv) Vila Franca de Xira Hospital (serving approximately 245,000 inhabitants).

According to the Portuguese healthcare Regulatory Authority (Entidade Reguladora da Saúde), PPP hospitals have shown a high level of quality regarding to the services provided, with a special mention of the Hospital of Braga and the Hospital of Vila Franca de Xira.

On 1 August 2017, the Portuguese healthcare Secretary of State announced a new hospital in Lisbon, to be built as a PPP, establishing a possible new opportunity to interested healthcare industry private investors. The public tender for its construction is expected to be announced soon.

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2017-11-22

A concentration is the legal combination of two or more undertakings, by the merger between two or more undertakings or by the control acquisition, directly or indirectly, of the whole or parts of one or several other undertakings.

Law 19/2012, of 8 May 2012 (the “Competition Law”), which entered into in force on 8 July 2012 and repealed the former competition law, Law 18/2003, of 11 June 2003, establishes merger control rules applicable to concentrations having effects in Portugal.

The Competition Law brought relevant changes on merger control rules, particularly by (i) putting the merger substantive test in line with the Significant Impediment of Effective Competition (“SIEC”) test of the European merger rules; (ii) changing the turnover thresholds required for the notification to the Portuguese competition authority (Autoridade da Concorrência – the “Competition Authority”), including adding a new de minimis market share notification threshold, (iii) deleting the previous notification deadline, and (iv) amending some deadlines applicable to the merger procedure.

In order to prevent the risk of competition restrictions, the Competition Authority exercises control over planned concentrations with effects in the national market.

Following an assessment phase, the Competition Authority may approve the concentration, including upon the application of remedies to be carried out by the undertakings, or prohibit the transaction insofar as it creates significant impediments to effective competition in the national market, particularly in case of creation or reinforcement of a dominant position in the national market.

Undertakings that execute concentrations which have been suspended or prohibited by the Competition Authority may be subject to fines and the legal acts related to the transaction could be declared null and void. The maximum amount of the fine could be 10% of the aggregate annual turnover of the associated undertakings that have engaged in the prohibited behavior.

This paper reviews some of the most important legal aspects regarding merger control rules in Portugal.

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2017-10-30

This paper aims to provide an overview of the Portuguese Telecoms Market and its regulatory framework.

The sector’s revenues experienced a slight (-0,3%) decrease in 2016, as a result of an eight year recession period. Nevertheless, in 1Q2017, major operators reported a YoY revenue growth rates between 1,2% to 3,5%.

These figures show a trend for future stabilization in the market, in spite of the ongoing restructuring of the former incumbent and the uncertainty surrounding the appointment of the telecoms regulator’s new board.

Undeterred by the loss of almost one quarter of its revenues due to the financial crisis, the Portuguese communication’s market remains one of Europe’s most interesting in terms of new services and solutions.

As available data shows, liberalisation of the telecoms market had a vastly positive impact both in the sector, and in the economy, as Portugal is fairing particularly well  in comparison with its European Union counterparts in almost all of the market segments.

A more detailed analysis shows that the Portuguese market for traditional services – i.e. fixed and mobile voice and data – is highly concentrated, as Portugal’s three major operators, Altice, NOS and Vodafone, hold nearly 95% of the market shares.

As result of such an extremely high concentration rate, new competitors  are not expected to appear in the traditional sectors.

On the other hand, OTT providers are becoming an increasing threat to traditional operators, due to their very popular services which include instant messaging, live video, audio calls and video on demand.

Notwithstanding the telecoms market apparent hostility towards new entrants and its premature signs of recovery, new players, such as Altice, have still managed to successfully establish themselves as prominent players.

Moreover, Portugal has a widespread infrastructure and a large customer base, open to advanced and complex communication products and services, thus, creating interesting opportunities in this field.

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