PORTUGAL Trends and Developments Contributed by: José Luís da Cruz Vilaça and Mariana Tavares, Antas da Cunha Ecija
The case stemmed from follow-on claims brought by purchasers of trucks following the European Commis - sion’s 2016–2017 decisions in the so-called “Trucks Cartel”, which sanctioned several manufacturers for co-ordinating prices and other commercial terms across the EU. The STJ addressed two key issues relating to damag - es: whether statutory interest could be combined with compensation for currency depreciation, and whether the Lisbon Court of Appeal was justified in using a 5% judicial estimate of overcharge on truck prices in the absence of precise quantification by the claimants. On the first point, the STJ ruled that statutory default interest, as defined under Decree-Law No. 200-C/80, already includes compensation for monetary depre - ciation. Therefore, additional damages for currency depreciation cannot be claimed separately. On the second issue, the Court confirmed that when harm is established but cannot be precisely calcu - lated, courts may apply a reasonable estimate. The STJ upheld the Lisbon Court of Appeal’s approach in applying a 5% overcharge rate, noting that it was appropriate to consider precedents from other EU jurisdictions, including the Spanish Supreme Court’s decisions in comparable claims arising from the same cartel.
This judgment establishes a significant precedent in Portuguese competition law and will likely shape how courts handle future damages actions, particularly those requiring judicial estimation of harm. Outlook: 2025 and beyond Looking ahead, 2025 is expected to bring the first rul - ings in pending antitrust damages cases, with courts likely to clarify key evidentiary and procedural issues. New AdC enforcement actions, particularly in the labour and digital sectors, are likely to generate fur - ther follow-on claims. Portugal is increasingly seen as a strategic venue for competition litigation in Europe, combining strong public enforcement with a maturing and claimant- friendly regime for private damages. Whether this tra - jectory ultimately achieves the right balance between deterrence, compensation and procedural fairness may depend on future guidance from the CJEU or legislative adjustments at the EU level.
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