A frequent practice in the business environment, the grant of price reductions by undertakings may trigger potential anti-competitive risks which are most likely to be present with respect to the price reductions granted by undertakings holding a dominant position. If historically, the analysis applied to discount policies applied by dominant undertakings corresponded to a formal approach, akin to a per se prohibition (the traditional approach)...

The franchise has specific characteristics within the various trading systems, which triggers the need to modulate the legal regime applicable to franchise agreements from the perspective of the enforcement of competition legislation, which can be seen in a number of ways. First, the observance of the price recommended by the franchisor may be the mere expression of a reasonable commercial conduct of franchisees, of the requirement to ensure a...