PORTUGAL Law and Practice Contributed by: Armando Martins Ferreira, Inês Sequeira Mendes and Margarida Calixto Kolmer, Abreu Advogados
4.7 Issuing Civil Complaints Law 23/2018 regulates the procedure for issuing damages claims through private enforcement. Anyone who has suffered harm caused by an infringement of EU and national competition law by an undertaking or association of undertak - ings can effectively exercise the right to claim full compensation, within a limitation period of five years. A final condemnatory decision, issued by the PCA or by an appeal court, confirming that competition law has been infringed, establish - es an irrefutable presumption of the existence and nature of such infringement, as well as of its material, subjective, temporal and territorial scope, for the purpose of a claim for damages. A final condemnatory decision issued by an EU member state’s national competition authority sets a refutable presumption of the existence and nature of such infringement, as well as of its material, subjective, temporal and territorial scope, for the purpose of a claim for damages. The claimant may request urgent and effective interim measures aimed at preserving evidence of the alleged infringement. Despite this, the courts may, at the request of any party, demand that the counterparty or third parties supply evidence in their possession, if deemed proportional and relevant to the deci - sion, with requests involving indiscriminate searches for information being refused. The court may demand evidence within a PCA file under specific criteria, in cases where no party or third party can reasonably provide it. Some types of evidence can only be requested when the procedure with the PCA is terminated. How - ever, there is “blacklist” of documents to which
access cannot, under any circumstances, be granted by the court: leniency statements and settlement submissions. 4.8 The Role of Experts In public and private enforcement cases, as in general civil litigation, all types of evidence are, in principle, admissible. This includes expert evi - dence, unless the evidence is obtained in breach of applicable law/people’s rights or unless the applicable law states that a specific type of evi - dence is required, in which case, the remaining types of evidence will not be admissible. The technical, scientific or artistic judgement inherent in expert evidence is presumed to be outside the experience and the knowledge of the PCA/judge. While the PCA/judge may ultimately reach a conclusion that differs from the expert opinion, any such divergence must be duly justi - fied. 4.9 Possibility of Multiple Proceedings Enforcement actions involving cartels tend to be brought against multiple parties in a single proceeding, under the single infringement prin - ciple, intending to act against continuous cartel conduct, instead of reaching multiple separate agreements. According to Article 5 of Law 23/2018, a private enforcement action involving a cartel may also be brought against multiple parties in a single proceeding. 5. Sanctions and Remedies in Criminal Cartel Enforcement 5.1 Imposition of Sanctions/Fines The PCA has the power to impose sanctions for cartel practices. The PCA is responsible for the
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