PORTUGAL Law and Practice Contributed by: José Luís da Cruz Vilaça and Mariana Tavares, Antas da Cunha Ecija
4. Class and Collective Actions 4.1 Statutory Basis
has, or reasonably should have, knowledge of four key elements: the conduct in question, its anti-competitive nature, the identity of the infringing party, and the fact that harm was suffered as a result. Importantly, the limitation period will not commence until the infringing behaviour has ceased. The running of the limitation period may also be sus - pended under specific circumstances. If a competi - tion authority initiates an investigation concerning the same conduct that underpins the damages claim, the limitation period is paused until one year after the final decision of the authority or any resulting court judg - ment becomes final and binding. Suspension also applies where the parties are engaged in an ADR process, in which case the limita - tion period remains on hold for the duration of those proceedings. In addition, the limitation period is interrupted when the alleged infringer is formally notified – whether through a summons or other judicial act – of the claim - ant’s intention to seek compensation. This interruption resets the limitation period, ensuring that claimants are not penalised for taking early legal steps to pre - serve their rights. 3.2 Typical Length of Private Antitrust Litigation Private antitrust litigation in Portugal typically takes approximately five years to reach a final judgment, with this timeframe reflecting the experience of national courts, especially in complex or multiparty cases. Courts have the discretion to suspend pro - ceedings when the case’s outcome depends on an ongoing competition authority investigation, a non- final administrative decision or an unresolved appeal. Additionally, courts may delay proceedings to ensure consistency with EU competition law and to avoid conflicting rulings or divergent interpretations. Parties may jointly request a temporary suspension, usually limited to three months, provided it does not affect the scheduling of the final hearing.
The right to bring class actions is enshrined in the Portuguese Constitution, which grants any citizen – whether acting individually or through associations established to protect collective interests – the ability to initiate such actions in accordance with the law. The general legal regime governing class actions is outlined in the Class Action Act, which applies broadly across areas including consumer protection, environ - mental law and public health. In the competition law context, collective claims for damages are governed by the Private Damages Act, which supplements the general framework with specific provisions tailored to antitrust cases. 4.2 Opting In or Out In Portugal, the standard regime for collective redress follows an opt-out model. However, in competition damages actions, consumers residing outside Por - tuguese territory are subject to an opt-in mechanism, requiring them to expressly indicate their intention to Both direct and indirect purchasers are entitled to claim damages in private antitrust actions. However, individual consumers do not have standing to bring representative actions under the applicable legal framework. Such actions must be brought by qualified entities or associations acting on behalf of affected consumers. 4.4 Class Certification be included in the proceedings. 4.3 Direct/Indirect Purchasers Portuguese law does not provide for a formal class certification procedure. However, before a class action may proceed, the court conducts a preliminary assessment of the claim. At this stage, the court may summarily dismiss the action if it finds, for example, that the claim is manifestly unfounded or that the class has not been properly defined. While there is no distinct certification phase, issues relating to the definition and composition of the class may be raised throughout the proceedings. These matters can be addressed in the initial claim, chal - lenged by the defendant in the statement of defence,
127 A NTITRUST LI T IGATI O N 2026
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