Cartels 2025

PORTUGAL Law and Practice Contributed by: Armando Martins Ferreira, Inês Sequeira Mendes and Margarida Calixto Kolmer, Abreu Advogados

the PCA concern collusion between Portu - guese companies operating within national bor - ders. International cartels are less commonly addressed directly, although the PCA co-oper - ates with the European Commission and other competition authorities under the ECN frame - work. In some instances, the PCA will act on information shared by other authorities, espe - cially when conduct affects the Portuguese mar - ket. Regarding the origin of investigations, there has been a growing reliance on leniency appli - cations, particularly in larger or more complex cases. However, ex officio investigations remain significant and are often triggered by public pro - curement monitoring, anonymous complaints, or signals gathered through market intelligence. The PCA has been investing in digital screening tools and whistle-blower mechanisms to bolster ex officio detection. 1.9 Guides Published by Governmental Authorities The PCA has periodically published general informative documents, including guides and reports aimed at the prevention of cartels and other practices restricting competition in the national market. Among others, the following are highlighted (some are only available in Portuguese): • the Report on Competition and Purchasing Power in Times of Inflation; • the Q&A Regarding Hub-and-Spoke Prac - tices; • the Guide on Good Practices Regarding Gun- Jumping; • A Brief Note on Defending Competition in the Digital Sector in Portugal; • the Competition Policy Priorities for 2025;

• Competition: ECN Joint Statement on the Application of Competition Rules in the Con - text of the Ukraine War; • Best Practices in Preventing Anticompetitive Agreements in Labor Markets; • the Guide to Fighting Collusion; • the Guide to Fighting Collusion in Public Procurement; • the Guidelines on Competition Impact Assessment of Public Policies; • the Guide for Business Associations; and • the Role of Competition in Implementing the Economic Recovery Strategy. Investigations can be initiated ex officio or fol - lowing a complaint. The sanctioning powers of the PCA are exercised under a principle of opportunity, which means that the PCA is grant - ed the ability to choose which cases to pursue based on criteria of public interest. Pursuant to Article 7 (2) of the Competition Act, in assessing whether to initiate proceedings, the PCA must consider aspects such as its previously set pri - orities in competition policy, the elements of fact and of law brought to the file, and the serious - ness of the alleged infringement. The first stage of the investigation ( inquérito ) ends with a decision of the PCA to: • terminate the investigation, if there is insuf - ficient evidence for there to be a reasonable likelihood of a decision imposing a sanction; • settle the case by issuing a sanctioning decision within the context of a settlement procedure; 2. Early Stages of Cartel Enforcement 2.1 Initial Investigation

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