PORTUGAL Law and Practice Contributed by: José Luís da Cruz Vilaça and Mariana Tavares, Antas da Cunha Ecija
Commission’s decision in the trucks cartel case. These proceedings, which span multiple EU member states, have emphasised the role of national courts in enforcing the EU’s competition enforcement frame - work. A milestone in Portugal was reached with the Supreme Court of Justice’s ruling of 13 February 2025 (Case No. 54/19.6YQSTR.L1.S1), the first Supreme Court judgment in a civil damages claim relating to anti- competitive practices. The case concerned a claim against one of the truck manufacturers fined by the European Commission. The Court upheld two key points previously determined by the Lisbon Court of Appeal: • Interest and inflation: Compensation should not be further adjusted for inflation when statutory default interest applies, since the interest itself fulfils a compensatory function. • Judicial estimation of harm: In the absence of direct evidence of overcharging, the Court acknowledged that decisions from other EU mem - ber states, such as Spain, may serve as persuasive guidance. Specifically, the Spanish Supreme Court applied a 5% overcharge benchmark in similar cases, and the Portuguese Supreme Court deemed comparative analysis to be relevant given the lack of domestic case law. This ruling is particularly significant as it reflects the Court’s first interpretation of key principles following Portugal’s implementation of the Private Enforcement Directive. It sets an important precedent for future damages claims. 2. Private Antitrust Claims: Basis and Procedure 2.1 Statutory Basis A claim for a breach of competition law in Portugal can be brought under Articles 101, 102, 107 and 108 of the TFEU. Claims can also be brought under the domestic Competition Act and the Private Damages Act. General substantive rules provided for in the Civil Code and the procedural rules of the Civil Procedure
Code will apply when they are not addressed or fall outside the scope of the Private Damages Act. Claimants may bring private actions either indepen - dently of any prior regulatory decision or following the conclusion of public enforcement proceedings. Where no prior infringement decision has been issued by a competition authority, the action is considered standalone, requiring the claimant to establish before the court not only that a competition law infringe - ment has occurred but also that it caused measur - able harm and that a causal link exists between the two. Alternatively, in cases where the infringement has already been definitively established by the AdC or the European Commission, the claimant may rely on those findings in a follow-on action, focusing primarily on demonstrating the resulting damage. In practice, some claims may combine both scenarios, where certain aspects of the conduct have been publicly sanctioned, but further legal or factual issues remain unresolved by regulators. These are typically referred to as hybrid actions. Portuguese law also permits the adoption of interim measures within private enforcement proceedings. These may serve to preserve evidence or to secure the payment of compensation that may be awarded at the conclusion of the case. In terms of remedies, a claim - ant may seek compensatory damages, injunctive relief to prevent or terminate anti-competitive conduct, and judicial declarations that specific agreements, clauses or practices are null and void due to their incompat - ibility with competition law. More than one form of relief may be granted within the same proceedings, depending on the circumstances of the case. 2.2 Courts The Competition, Regulation and Supervision Court, established under Law No. 46/2011 of 24 June, holds jurisdiction at first instance over private antitrust claims. This includes actions for damages arising from competition law infringements, claims against co- infringers, and applications for access to evidence. As a dedicated court, it is equipped to adjudicate complex matters relating to competition, regulatory oversight and supervisory frameworks.
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