The Portuguese Driving School Association (APEC) was halved by a fine of 400,000 euros imposed by the Competition Authority (AdC) in September 2017.
The Competition Court sentenced the Portuguese Driving School Association (APEC) and its chairman to pay 200,000 euros and 10,000 euros respectively, thereby reducing the fines imposed by administrative entities to coordinate prices.
Among the subjects that were consulted by Lusa and appealed to the Lisbon Court of Appeal, APEC halved the 400,000 euro fine imposed by the Competition Authority (AdC) in September 2017. In the process, she was rewarded for promoting company associations. Reprimanded in order to determine the lowest price for obtaining a driver’s license.
In the appeal decision filed by APEC and Alcino Cruz to the Santarem Court of Competition, Regulation and Supervision (TCRS), Judge Vanda Miguel partially upheld the judicial challenge and reduced the fine. In this case, the chairman of the association 13,777 euros rose to 10,000 euros.
In the process, APEC was condemned for promoting a meeting between driving schools in Greater Lisbon and Setúbal in 2012. In conjunction with the purpose of gradually increasing the price of driving licenses, AdC concluded that this The purpose is to “obviously prevent, violating the relevant competition rules, distorting or restricting market competition in relevant areas, so as to provide vehicle driving education services.
Alcino Cruz (Alcino Cruz) was convicted of being the chairman of the Asia-Pacific Economic Cooperation (APEC) board of directors, and he made “active” contributions to the crime, and did not take any actions or measures to prevent the crime or its execution, and was therefore condemned.
In the judgment pronounced in January, TCRS proved a very serious and deliberate violation. When AdC filed for the relationship, AdC requested that the judgment be revoked only to reduce the fine.
The Competition Authority requires confirmation of its amount in 2017, and note that these amounts do not exceed 10% of the total turnover of APEC members in 2016 or the annual revenue of the president for that year.
In response to AdC’s appeal, APEC argued that it was considering using a group of companies that were not its affiliates for calculations, and insisted that the company did not commit any illegal acts that were convicted and that the agreement reached was with the company.
The Asia-Pacific Economic Cooperation (APEC) requires Relação to file a lawsuit to a lower court to conduct a “correct and in-depth investigation” of who its members are, and it requires multiple companies to join emails announcing that they are not their associates in 2016. This is well-deserved PCA opposes post-trial objections, such as objections that can only be appealed in legal matters.
The procuratorate also appealed the decision of TCRS to the Lisbon Court of Appeals (TCL), saying that the decision was not only three months because of failure to consider the price effect agreed by the driving school for one year.
On the other hand, the prosecutor Manuel Pelicano believes that, as the sentence indicates, this geographic area is not a mitigating factor because it is “one of the most concentrated population centers in the country” and therefore He asked TRL to “correct.” “, the main point you are referring to, which will allow TCRS to “re-weight” the fines applied to APEC and its chairman.
The prosecutor expressed understanding of Alcino Cruz’s “inaction”, believing that “he has the initiative” and “he was the initiator of the violation” disagreed.
In this process, it is crucial that in a concerted action in 2012, after several schools required APEC to adopt a price stance below certain charging standards, the value of the driver’s license in February 2017 was gradually increased to 750 Euros. Companies in the field.
In a communication with the school, APEC stated that this is not a question of the price agreement for the driver’s license category, but to determine a minimum limit, below which the minimum limit will result in driving losses, and claimed that the association is higher than these minimum limits. , Companies can sell products at any price they want.