PORTUGAL Law and Practice Contributed by: Armando Martins Ferreira, Inês Sequeira Mendes and Margarida Calixto Kolmer, Abreu Advogados
need for reinforcement of the PCA’s effective - ness in terms of cartel detection and investiga - tion. Article 9 of the Competition Act prohibits and sanctions anti-competitive agreements, prac - tices and decisions by associations of under - takings in similar terms to Article 101 (1) of the TFEU. As in other infringements of competition law, cartel activity is considered an administra - tive offence and not a criminal offence. Consequently, the imposition of fines is the main form of sanction. In 2024 the PCA imposed a total amount of circa EUR70 million in fines. Other penalties may include ancillary sanctions, such as a periodic penalty payment and the public announcement of condemnatory deci - sions (reputational damage). The PCA may also impose behavioural or structural measures to end the prohibited practices or their effects. Among these sanctioning decisions, the most significant penalties were levied against a tech - nology consulting firm for imposing sales restric - tions with the aim of limiting distribution and sharing the market for the type of product and the services associated with the firm and against five companies for engaging in a cartel related to public procurement for teleradiology services to hospitals and hospital centres across Portugal. Additionally, the PCA has also sanctioned a supplier of food supplements and health food products for setting and imposing retail prices (PVP) on distributors, and a corporate group for an abuse of a dominant position in the form of tying, capable of restricting competition and innovation in the payment services sector. Regarding international activity, the PCA has continued to be an active member in various
international forums, namely actively collaborat - ing with European competition authorities such as the CNMC, as well as the newly established competition authorities in Portuguese-speaking countries. In 2023, the PCA achieved, for the first time, a 4-star rating ( “Very Good” ) in the Rating Enforce - ment of the Global Competition Review. 1.3 Private Enforcement As set forth in Law 23/2018, any person, natural or legal, damaged by an infringement of com - petition law can file a claim with the Portuguese courts for compensation, invoking the causal link between said conduct and the damages suffered. These types of claims can be brought to court individually or as class actions. In the case of individual claims, it is admissible under the Portuguese Civil Procedure Code (Decree-Law 41/2013, of 26 June 2013) to have third parties joining as co-parties, on an “opt-in” basis. As for collective claims, an “opt-out” system applies. The Portuguese class action market has grown significantly, attracting foreign funders, and this trend is expected to continue as new cases are filed and key rulings are handed down. In fact, several material complex cases involv - ing significant claims have emerged in the Por - tuguese market, often involving new entrants working alongside international claimants and law firms. The interaction between public enforcement and private follow-on and/or standalone litiga - tion will continue to be an area of significant legal development and attention, with broader
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