PORTUGAL Law and Practice Contributed by: Armando Martins Ferreira, Inês Sequeira Mendes and Margarida Calixto Kolmer, Abreu Advogados
involve informal clarifications or more structured interviews. For formal interviews, the PCA usually sends written summons to the individual. The notice includes the purpose of the interview, the legal basis, and the individual’s rights, including the right to legal counsel. Interviews are often recorded and documented. When issuing requests for information, the PCA may address them to the company or to specific individuals. These requests usually come with a deadline and a warning about the consequences of non-compliance under Article 69, which pro - vides for fines in case of obstruction. Employees have a duty to co-operate during inspections and provide access to relevant information (Article 19), but they also enjoy pro - tection, particularly regarding self-incrimination. Under Article 20 (1) of the Competition Act, individuals cannot be compelled to admit par - ticipation in an infringement. This aligns with the broader principle of the right to silence and against self-incrimination, protected under EU law (Article 48 of the Charter of Fundamental Rights of the EU) and Portuguese constitutional law (Article 32). 4.2 Obtaining Documentary Evidence From Subject/Target Companies The PCA can send requests for documents and information to companies. Such requests must be made on appropriate grounds and contain at least the following: • the legal grounds for the request, the capacity in which the company is being asked for the documents/information and the purpose of the request;
• the deadline to provide such documents/ information; • a reference to the requirement to identify confidential information and provide adequate justification, and in such a case, the need to additionally provide a non-confidential version including a concise description of the omitted information permitting the comprehension of its content; and • the information that failure to comply with the request constitutes an administrative offence. Usually, the documents/information should be provided within ten business days, unless a dif - ferent time limit is established by the PCA on a grounded basis. Information submitted by a natural person can - not be used as evidence to impose sanctions on that person, their spouse, unmarried partner, descendants, ascendants, siblings, relations up to the second degree, adopters or foster par - ents. Requests for information and documents may take place within a sanctioning procedure or under the exercise of the supervision powers of the PCA. This has raised some opposition as, within its supervision powers, the Competition Act grants wide powers to the PCA. Any request for information and documents that falls outside the scope of a sanctioning proce - dure should be submitted in advance to the companies and will require their consent; how - ever, companies are always bound by a duty of collaboration. 4.3 Obtaining Evidence From Entities Outside the Jurisdiction According to the Portuguese Civil Procedure, the parties concerned may bring to the case all
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