This report is the result of the 2016-2018 OECD-led project on Competition Assessment of Laws and Regulations on 13 self-regulated professions in Portugal.
We wish to thank Tiago Antunes, Secretary of State of the Presidency of the Council of Ministers (PCM) and Chairperson of the High-level Committee (HLC); Heloísa Oliveira, Chief of Staff, and Lucas Costa Velho, Technical Specialist and Deputy-Chief of Staff , for providing support and contributing to the task of co-ordinating a project of this complexity. In addition, we are grateful to Miguel Prata Roque, former Secretary of State of the PCM and former Chairperson of the High-Level Committee, and Rita Lopes Tavares, former Chief of Staff, for ensuring the necessary inter-ministerial co-ordination structure in the first part of the project.
Our particular thanks go to the Portuguese Competition Authority (AdC), which supported the project from its inception and contributed staff to the project team. We would like to thank Margarida Matos Rosa, Chairwoman, Maria João Melícias and Nuno Rocha de Carvalho, members of the Board, and Miguel Moura e Silva, former Director of the Special Unit for Competition Assessment of Public Policies, for their contributions.
We would like to thank the members of the HLC who participated in the meetings to discuss the findings of the project. The members were: Ricardo Pinheiro Alves, Director of the Office of Strategy and Studies of the Ministry of Economy, Ministry of Economy; Gabriel Osório de Barros, Head of the Policy Evaluation and Planning Team, Office of Strategy and Studies of the Ministry of Economy, Ministry of Economy; Fernanda Ferreira Dias, Senior Advisor of Cabinet of the Minister of Economy, Ministry of Economy; Vanda Dores, Office of Strategy and Studies of the Ministry of Economy, Ministry of Economy; Artur Lami, Director of the Directorate-General for Economic Activities, Ministry of Economy; Vanessa Lopes, Head of Unit, Directorate-General for Economic Activities, Ministry of Economy; Luís Monteiro, Sub-Director of the Office of Strategy and Studies of the Ministry of Economy, Ministry of Economy; Eva Pereira, Office of Strategy and Studies of the Ministry of Economy, Ministry of Economy; Paulo Simões, Director of the Trade and Services Division of Directorate-General for Economic Activities, Ministry of Economy; Nuno Tavares, Head of Policy Evaluation Division, Directorate-General for Economic Activities, Ministry of Economy; Cátia Viveiros, Senior Office of the Directorate-General for Economic Activities, Ministry of Economy; Carlos Martins, Secretary of State of Ministry of Environment, Ministry of Environment; João Oliveira, Adjunct-Chief of Staff of the Secretary of State of Environment, Ministry of Environment; João Carlos Silva, Technical Specialist, Ministry of Environment; Fernando Rocha Andrade, Secretary of State of Tax Affairs, Ministry of Finances; Ricardo de Deus, Direction of Customs Regulation Services of the tax Authority – Directorate General of IRS, Ministry of Finances; António Delicado, Legal Advisor of the Portuguese Securities Market Commission Audit Oversight Department, Ministry of Finances; Carla Mãe, Deputy Director of the Portuguese Securities Market Commission Audit Oversight Department, Ministry of Finances; Catarina Vultos Sequeira, Deputy Cabinet of the Secretary of State for Tax Affairs, Ministry of Finances; Pedro Guerra e Andrade, Technical Specialist of the Secretary of State for European Affairs, Ministry of Foreign Affairs; Helga Brás, Directorate-General for Foreign Policy, Ministry of Foreign Policy; Fernando Brito, Director of Services for International Economic Organizations, Directorate-General for Foreign Policy, Ministry of Foreign Affairs; Luís Cabaço, Vice-Director of the Directorate-General for Foreign Policy, Ministry of Foreign Affairs; Fernando Araújo, Secretary of State of Health; Vasco Bettencourt, Director of the Licensing Unit of the Directorate of Inspection and Licensing of INFARMED, Ministry of Health; Rosa Raposeiro, Deputy of the Office of the Minister of Health, Ministry of Health; Ana Paula Gouveia, Department of Management and Planning of Human Resources in Health of the Central Administration of the Health System, Ministry of Health; Renato Gonçalves, Vice-Chairman of the Directorate-General for Justice Policy, Ministry of Justice; Manuel Magriço, Deputy Cabinet of the Minister of Justice, Ministry of Justice; Anabela Pedroso, Secretary State of Justice; Fátima Reis Silva, Deputy Cabinet of the Minister of Justice, Ministry of Justice; Fernando Batista, Legal and Procurement Officer, Institute of Public Markets, Real Estate and Construction, Ministry of Planning and Infrastructures; Leonor Castro, Directorate for the Promotion and Defence of Competition, Transports and Mobility Authority, Ministry of Planning and Infrastructures; Eduardo Feio, President of the Transports and Mobility Institute, Ministry of Planning and Infrastructures; Pedro Leitão, Director of the Mobility Markets Supervision Directorate, Transports and Mobility Authority, Ministry of Planning and Infrastructures Cristina Neves, Legal Direction and Public Contracting, Institute of Public Markets, Real Estate and Construction, Ministry of Planning and Infrastructures; Maria Luisa Piller, Institute of Public Markets, Real Estate and Construction, Ministry of Planning and Infrastructures; Jorge Semedo, Head of the Department of Regulation and Licensing of Maritime-Port Activities, Transports and Mobility Institute, Ministry of Planning and Infrastructures; Fernando Silva, President of the Institute of Public Markets, Real Estate and Construction, Ministry of Planning and Infrastructures; Filomena Vieira da Silva, Head of the Legal and Economic Department of the Railway Regulatory Unit, Transports and Mobility Institute, Ministry of Planning and Infrastructures; Maria do Carmo Valente, Deputy-Chief of Staff of the Secretary of State for the Infrastructures, Ministry of Planning and Infrastructures; José Apolinário, Secretary of State of Fishery, Ministry of the Sea; Inês Aguiar Branco, Technical Expert at Ministry of the Sea, Ministry of the Sea; José Nuno Chaves, Cabinet Chief of the Minister of the Sea, Ministry of the Sea; José Maciel, Deputy General Director, General Direction of Natural Resources Safety and Maritime Services, Ministry of the Sea; Pedro Pimpão, Deputy-Chief of Staff of the Secretary of State of Fishery; Fernando Catarino José, Deputy-Director of the Administrative Body for Employment, Ministry of Labour, Social Solidarity and Social Security; Pedro Vieira, National Coordinator of the Directive on the recognition of professional qualifications, Administrative Body for Employment, Ministry of Labour, Social Solidarity and Social Security;
In addition, we wish to acknowledge the input from government experts who participated in the project by providing information, advice and feedback throughout the project. The following ministerial departments were involved:
Ministry of Economy: Administrative Body for Economic Activities (DGAE);
Ministry of Environment: Portuguese Environment Agency (APA);
Ministry of Finances: Tax Authority – Directorate General of IRS (AT-DGIRS), Portuguese Securities Market Commission (CMVM);
Ministry of Health: Central Administration of the Health System (ACSS), National Authority for Medicines and Health Products (INFARMED);
Ministry of Justice: Directorate-General for Justice Policy (DGPJ), Ombudsman;
Ministry of Labour, Social Solidarity and Social Security: Administrative Body for Employment (DGERT);
Ministry of Planning and Infrastructures: Institute of Public Markets, Real Estate and Construction (IMPIC).
In addition, we held several meetings with the professional associations, the participation of which we wish to acknowledge:
The Bar Association (OA)
Portuguese Association for Consumer Protection (DECO);
Portuguese Statistical Institute (INE), with the contribution from Rute Cruz;
Professional Association of Architects (OARQ) and the Architects’ Ombudsman;
Professional Association of Certified Accountants (OCC);
Professional Association of Certified Auditors (OROC);
Professional Association of Customs Brokers (ODO);
Professional Association of Economists (OE);
Professional Association of Engineers (OE);
Professional Association of Pharmacists (OF);
Professional Association of Notaries (ON);
Professional Association of Nutritionists (ONUT);
Professional Association of Technical Engineers (OET);
Professional Association of Solicitors and Enforcement Agents (OSAE).
In addition, we would like to convey our thanks to the National Association of Young Portuguese Lawyers (ANJAP); Helena Real, from the Portuguese Nutritionists Association (APN); António Castela, from the Trade Union Association of Tax and Customs Inspection Professionals (APIT); Association of Portuguese Law Firms (ASAP); Orlando Monteiro de Silva, President of the National Council for the Professional Associations (CNOP); Carla Varela, from the Portuguese Association for Consumer Protection (DECO); Rui Norberto, from Administrative Body for Employment (DGERT); Nuno Lopes and Rui Neves, from GRID INTERNACIONAL (Consulting Engineers); Rute Cruz, from the Portuguese Statistical Institute (INE); João Santa Rita, former president, and José Manuel Pedreirinho, from Professional Association of Architects (OARQ); Amândio Silva, José Moreira and Paula Franco, from the Certified Accountants Association (OCC); Cláudia Lousada, from the Professional Association of Customs Brokers (ODO); Carlos Mineiro Aires, President, António Carias de Sousa, Carlos Loureiro, Fernando de Almeida and Salomé Miranda, from the Professional Association of Engineers (OE); António Eduardo Lousada, vice-president, from the Professional Association of Technical Engineers (OET); João Maia Rodrigues, president, and Sandra Vicente, from the Professional Association of Notaries (ON); Ana Cristina Simões, Secretary-general and José Azevedo Rodrigues, former President, from the Professional Association of Certified Auditors (OROC); Luís Goes Pinheiro, Secretary-general, from the Solicitors and Enforcement Agents Professional Association (OSAE) .
Our special thanks to Rute Borrego, Nutritionist, Gonçalo Anastácio, João Correia and António Mapril André, all lawyers, for their important contributions to the analysis.
A particular acknowledgement to Caroline Wallace and Robert Cross for their most helpful contributions regarding the workings of the Legal Services Board in the UK and the discussion on the separation of the regulatory and the representative functions in a professional association.
We are also grateful to all the other companies, societies and organisations, not mentioned here, that have voluntarily contributed with their experiences and knowledge throughout the project.
The opinions expressed in the report do not necessarily reflect the views of the above-mentioned organisations or individuals.
The Competition Assessment Toolkit was developed by the Working Party No. 2 of the Competition Committee with the input from members of many delegations to the OECD, whether member or non-member jurisdictions.
The OECD project team in Lisbon consisted of Filipa Castanheira, Competition Legal Expert (AdC), João E. Gata, Principal Advisor, Cabinet of the President (AdC), Carla Marcelino, Junior Lawyer (OECD), Samuel Monteiro, Junior Legal Officer (AdC), Sonia Moura, Internal Coordinator of the AdC Impact 2020 (AdC), Antonio Neto, Junior Economist (OECD), Paulo Pinheiro, Junior Legal Officer (AdC), Ana Patricia Ramos, Economist (AdC) and Francisco Pacheco Vieira, Competition Expert (OECD). Office support was provided by Pedro Soares.
Ania Thiemann, Global Relations Manager and Competition Expert in the OECD Competition Division, was the project manager and team leader.
The project support team in Paris consisted of Sean Ennis, Senior Economist, and Antonio Gomes, Head of the Competition Division. Useful comments on the report were provided by Federica Maiorano, James Mancini and Lynn Robertson, all from OECD Competition Division. We also thank Ben Westmore from the Economics Department.
Special thanks go to the Hellenic Competition Commission which generously supported the project by providing staff time and sharing their experience. Our special thanks go Giannis Stefatos, who gave tirelessly of his time and energy on several trips to Lisbon.
The report was edited for publication by Ania Thiemann and Barbara Zatlokal, and prepared for publication by Francisco Pacheco Vieira, Ania Thiemann and Edward Smiley, Publications Officer, Department for Enterprise and Financial Affairs.