PORTUGAL Law and Practice Contributed by: José Luís da Cruz Vilaça and Mariana Tavares, Antas da Cunha Ecija
6.3 Leniency and Settlement Agreements Portuguese courts are prohibited under the Pri - vate Damages Act from ordering the disclosure of documents containing statements made to secure full immunity or fine reductions in competition pro - ceedings, as well as any proposals or admissions exchanged during settlement negotiations.
7.2 Expert Witness Role and Procedure Expert evidence holds a crucial role in competition litigation in Portugal and is frequently relied upon in such cases. Courts generally accept expert testimony as a key tool for resolving complex factual and legal questions, encompassing both economic analyses and legal opinions from experts. Experts may be appointed either by the court or directly by the parties involved. Assessments can be conducted by a single expert or by a panel of three experts – each party typically appoints one expert, while the third is either mutually agreed upon or des - ignated by the judge. Prior to trial, experts are required to submit a written report that may reflect consensus or differing opin - ions. They may also be called to hearings to clarify or elaborate on their findings. Parties have the right to challenge expert reports if they find them unclear or insufficiently reasoned and may request the appoint - ment of a second expert to provide an additional opinion, which serves as a complement rather than a replacement. Ultimately, expert evidence is subject to the court’s free evaluation, meaning judges are not obliged to accept the experts’ conclusions but consider them alongside all other evidence presented. 8. Damages 8.1 Damages: Assessment, Passing On and Interest In Portugal, damages awarded in competition law cases are strictly compensatory; punitive or exem - plary damages are not available. The purpose of damages is to ensure full reparation for the harm suffered, which encompasses actual losses, lost profits, and interest accruing from the date the damage occurred until payment is made. When precise quantification of damages proves challenging or impossible, courts have the discretion to estimate the amount based on fairness and the evidence before them. In cartel cases, there is a legal presumption that
7. Witness and Expert Opinions 7.1 Witness Procedure
In Portugal, the procedure for hearing witnesses in civil cases is governed by the Civil Procedure Code and includes several important features. Witnesses are usually heard during scheduled trial hearings, which focus on the presentation of testimonial and expert evidence, along with statements from the par - ties involved. First-instance cases are generally con - ducted before a single judge. Witnesses must possess the mental capacity to pro - vide testimony. Once a party designates a witness, that individual is generally obliged to appear and tes - tify in court. Failure to do so may result in fines or, in certain circumstances, coercive measures such as detention. Certain individuals, including close relatives of the parties or those bound by professional or legal confi - dentiality, have a lawful right to refuse to testify. Tes - timony is usually delivered orally, either in person or via teleconference, although the court may on rare occasions permit written statements. Witnesses are subject to cross-examination by both parties in line with the adversarial nature of proceed - ings. Each party may nominate up to ten witnesses, though the court may authorise additional witnesses depending on the case’s complexity. The court evaluates witness evidence at its discretion, without strict evidentiary constraints. It is important to note that giving false testimony constitutes a criminal offence under Portuguese law.
129 A NTITRUST LI T IGATI O N 2026
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