The aim of Decree-Law 140/98 was largely to clarify certain doubts arising out of the application of the prior statute. In fact, as regards the prohibition of discriminatory practices and the refusal to sell, it specifies that they only refer to relations between entrepreneurs.

With regard to sale at a loss, it clarifies the concept of actual price of purchase, as well as forbidding the sale at a loss to consumers and not only to entrepreneurs. Finally, it introduces a new provision forbidding abusive contractual practices which was motivated by concern over one-sided contractual relations arising mostly in the context of large-scale distribution.

Diogo Coutinho de Gouveia
Marques Mendes Advogados
Lisbon