Carvalho, Sónia de

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Carvalho

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Sónia de Carvalho

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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.

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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.

Resultados da pesquisa

A mostrar 1 - 10 de 41
  • PublicaçãoAcesso Restrito
    The significance of Article 102 of the Treaty on the Functioning of the European Union in the Assessment of Distribution Contracts
    2022-07 - Carvalho, Sónia de
    In 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.
  • PublicaçãoAcesso 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 de
    The 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.
  • PublicaçãoAcesso Aberto
    International rating agencies and corporate impact: a case study in Iberian companies
    2020-02 - Carvalho, Sónia de; Soares, Vasco Salazar; Mendes-Ribeiro, Mafalda
    This study intended to analyse the impact of Rating Notation, from four of the major International Credit Rating Agencies, in Iberian private companies. Primary data was collected via SABI Database, with financial relevant data of Iberian private companies, in a time frame from 2003 to 2015. Results were determined by an empirical analysis, through a new econometric model, starting with correlations between leverage and variables Return on Assets, Return on Equity, Dimension, Tangibility, Sales Variation, Political Risk and Critical Political Risk. Critical Political Risk is a dummy variable on notations of the Credit Rating Agencies. Considering the impact of these international notations, we address the issue of how this notation impacts domestic Political Risk and affect companies’ capital structure. Support evidence was found for our hypothesis: as Political Risk increases, Leverage tends to decrease. Further studies interest lays in research how CPR affects each company, measuring that risk by company, and analysing in detail the impact of Rating Notation in the decision of financing in private companies from Iberian Market.
  • PublicaçãoAcesso Aberto
    The revision of the Posting of Workers Directive and the freedom to provide services in EU: towards a dead end?
    2018-12 - Carvalho, Sónia de
    The development of the internal market, based on the principle of freedom to provide services, as stated in article 56 TFEU, rendered common the posting of workers to another EU Member State. The risk of leading to social dumping in the host Member State, resulting from the less favourable working conditions of the sending Member State, justified Directive 96/71/EC. Collective bargaining, which has always taken on a prominent place in the posting of workers framework provided for in Directive 96/71/EC, is clearly reinforced by Directive (EU) 2018/957 that amended Directive 96/71/EC. The caselaw of the CJEU, however, has revealed that in some cases the enforcement of the host Member State working conditions, in view of the lack of harmonization of labour law in the Member States in relation to minimum protection mandatory rules, can paradoxically constitute a restriction on the freedom to provide services. The analysis of the amendments introduced by the Directive (EU) 2018/957 will demonstrate that, despite creating a favourable legislative framework for fair competitive conditions between national undertakings and the undertakings that post workers, may compromise the delicate balance between the protection of workers and the freedom to provide services.
  • PublicaçãoAcesso Aberto
    Ronald Coese´s role on transaction cost economics explanation for vertical restraints.
    2014 - Carvalho, Sónia de
    Transaction Cost Economics revealed that vertical market restraints are contractual devices of partial integration that reduce the transaction cost of relying upon the market. This paper aims at analysing the influence of Ronald Coase´s work on Transaction Cost Economics.
  • PublicaçãoAcesso Aberto
    As condutas extra-laborais nas redes sociais e a justa causa de despedimento
    2016 - Carvalho, Sónia de
    SUMARIO: i. Os direitos fundamentais do trabalhador à reserva de intimidade da vida privada e à liberdade de expressão. - ii. Os deveres Emergentes do contrato de trabalho. - iii. As condutas extra-laborais e a justa causa de despedimento nos ordenamentos jurídicos português e espanhol. - vi. A actividade do trabalhador nas redes sociais e o direito à reserva de intimidade da vida privada. - V. Breve análise da relevância disciplinar das condutas extra-laborais nas redes sociais na jurisprudência portuguesa e espanhola. - Vi. Conclusão.