Carvalho, Sónia de
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Carvalho
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Sónia de Carvalho
Biografia
Born in Lisbon, 28th April 1975.
Degre in Law, Catholic University Faculty of Law, Porto (1998).
Master in Commercial Legal Sciences, Catholic University Faculty of Law of the, Porto (2004).
PhD in Law, University of Coimbra Faculty of Law, with the PHD Thesis “ Commercial contracts and EU Competition Law “ (2014).
Assistant Professor of the Department of Law, University Portucalense Infante D. Henrique and IJP member - Legal Institute Portucalense.
Assistant Professor of IPMAIA.
Identificadores
H-1423-2016Projetos de investigação
Unidades organizacionais
IJP - Instituto Jurídico Portucalense
O Instituto Jurídico Portucalense (IJP) é um centro de investigação em ciências jurídicas que tem como objetivo principal promover, apoiar e divulgar a investigação científica nessa área do saber produzida na Universidade Portucalense e nos Institutos Politécnicos de Leiria e de Lisboa, suas parceiras estratégicas.
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Publicação Acesso Restrito The significance of Article 102 of the Treaty on the Functioning of the European Union in the Assessment of Distribution Contracts2022-07 - Carvalho, Sónia deIn addition to article 101 of the TFEU, the abuse of a dominant position prohibited by article 102 of the TFEU is important for the analysis of the conformity of distribution contracts towards the UE Competition Law. The clauses of the distribution contracts often contain practices that are likely to represent an abuse of a dominant position, censured by article 102 of the TFEU. In fact, one of the types of conduct qualified by article 102, (b) of the TFEU as abuse of a dominant position is the limitation of "production, distribution or technical development to the prejudice of consumers", covering not only restrictive practices resulting from the dominant company's internal behavior, but also conducts which, by conditioning third parties, pursue such restrictive purposes. Exclusive purchase obligations and loyalty and fidelity discounts are of relevance in the distribution context. Tying also arises, frequently, in the context of distribution, and is frowned upon, according to article 102, (d) of the TFEU, if the company is using the dominant power in one market to obtain an advantage in another market, excluding rivals. Bundling and multi-product rebates, so common in distribution, are also practices that may constitute exclusionary conduct by dominant companies. The existence of abusive behavior regarding price, namely, the use of predatory pricing, excessive pricing or margin squeezes, prohibited by article 102, (a) of the TFEU is also common in distribution. The refusal to supply products and services is an abuse that may result from the clauses in distribution contracts and the way distribution networks are built, with the intention of excluding rivals, with particular emphasis when related markets are concerned. On the other hand, it can be one of the instruments to prevent parallel imports, segmenting the internal market, which will be severely censured by the CJEU. Vertical restrictions can also be considered an abuse of a dominant position if they correspond to unfair commercial conditions, expressly referred to in article 102, (a) of the TFEU as far as prices are concerned, and to a discriminatory treatment of commercial partners, through unequal conditions that put them at a disadvantage in competition, present in article 102, (c), which includes, for example, loyalty discounts. The European Union case law, in turn, has reflected the concern of the competition authorities in the analysis of abusive behavior of companies towards distributors and suppliers. In this paper, considering the relevance recognized by the Commission and European Union case law to exclusionary conduct in distribution and the correspondence of some of these abuses with vertical restraints, we will analyze exclusionary conduct, referring, whenever justified, exploitative abuses and market segmentation.Publicação Acesso Aberto Publicação Acesso Aberto Analysis of the Portuguese legal framework concerning the safeguarding of employees' rights in the event of the transfer of an undertaking or an establishment compliance with the directive 2001/23/CE of 12 march 2001.2015-12 - Carvalho, Sónia deThe undertaking, business, or part of an undertaking or business can be transferred to another person or corporation as a result of a merger or a legal transfer, transitory or definitive. As a consequence of the transfer, there is subrogation ex lege of the transferee in the rights and obligations arising from the employment relationship existing on the date of a transfer. This issue is of the utmost importance to accomplish the freedom of the employer negotiate the undertaking and the protection of employees' rights as well. The Portuguese legal framework has been shaped by Directive 77/187/ CEE and subsequently by Directive 2001/23/CE. In this paper, in order to assess the compliance of the legal framework concerning the enshrined in Labor Code with the Directive 2001/23 /CE, it will be performed a comparative analysis between both regulations, which will be coordinated with the case law from the Court of Justice and Portuguese Courts. We will conclude that, apart from some issues, the Portuguese labour law regarding the safeguarding of employees' rights in the event of the transfer of an undertaking complies with the Directive 2001/23 /CE and the case law from the Court of Justice.Publicação Acesso Aberto Les restrictions en ligne et les accords erticaux dans l’économie des plateformes ans le règlement (UE) 2022/7202025-04-08 - Carvalho, Sónia deSem resumo disponível.Publicação Acesso Aberto The US antitrust jurisprudence through the lens of Chicago School and the Transaction Costs Economics2019-10 - Carvalho, Sónia deIn the mid-70s, the US antitrust jurisprudence finally embraced the economic approaches developed at the University of Chicago on the 30s.The Chicago School of Economics has as its main characteristic the defence of the private economy and of a limited intervention of the government, which underlies the idea that individual freedoms depend on the existence of a system based on private initiative and market economy, affirming the interdependence of capitalism and democracy.This School was fiercely against the excessive intervention of competition authorities and courts in competition, to which attributed as final goal purpose efficiency maximization.From a methodological point of view, Chicago School will be renowned by the importance of neoclassical price theory and empirical analysis.Later, within New Institutional Economics, will rise another economicanalysis, such us Transaction Costs Economics and Property Rights Theory, that even though receiving minor attention from the literature, being until now strangely excluded from the economic and legal mainstream of thecompetition, will also inspire Antitrust Law.The Transaction Costs Economics will demonstrate that the transactions that make up the market are conditioned by the constraints of behaviour and information, giving rise to transaction costs that make markets imperfect.The institutions in thisSchool are, therefore, structures that, by influencing individuals' behaviour, mitigate market imperfections, becoming indispensable in economic analysis.The analysisofthese economic approaches will reveal that both gave the utmost importance to transaction costs, as Chicago School,without explicitly mentioning transaction costs, also considered it in antitrust analysis.In this paper, we aim at demonstrating that this proximity between Chicago School and Transaction Costs Economics is reflected in US antitrust jurisprudence.Therefore, it is pertinent to begin by summarizing the main arguments developed by these economictheories, which later received merits by the courts, thus making more evident the effect they had on US antitrust jurisprudence, often ignored by literature.As we will conclude the US antitrust analysis is performed by the Courts through lens of Chicago School and Transaction Costs Economics.Publicação Acesso Aberto A aplicação do regime da inversão do contencioso no âmbito dos procedimentos cautelares laborais: novas e velhas questões2019-12 - Carvalho, Sónia de; Darlindo, RuiA protecção dos direitos emergentes da relação laboral reclama a existência de providências cautelares susceptíveis de conferir uma tutela eficaz a estes direitos, ainda que provisória e instrumental [...]Publicação Acesso Aberto Publicação Acesso Aberto Acção Declarativa com Forma de Processo Comum. Procedimento Cautelar. Mobilidade Geográfica2019 - Carvalho, Sónia deAna foi admitida ao serviço da Corte e Costura, Lda., mediante contrato de trabalho por tempo indeterminado [...]Publicação Acesso Aberto Publicação Acesso Aberto Pessoas Coletivas2020-10 - Carvalho, Sónia deA CEDH surgiu com o desiderato de dotar a Europa de uma carta comum de direitos e liberdades civis e políticas que espelhasse os valores das democracias ocidentais. [...]