PORTUGAL Law and Practice Contributed by: Armando Martins Ferreira, Inês Sequeira Mendes and Margarida Calixto Kolmer, Abreu Advogados
5.9 Timeline of Cartel Enforcement Process The process begins with a confidential investiga - tive phase, during which the PCA gathers intel - ligence and plans inspections. Once dawn raids are carried out, the formal investigation phase begins and can take significant time before any formal charges are issued. The first phase, from raids to the issuance of the Statement of Objections, usually lasts between one and two years, depending on the scope of the investigation and the volume of evidence collected. Once the Statement of Objections is issued, the administrative phase, including the companies’ right to respond, submit evidence, and request hearings, can take an additional year to a year and a half. After the PCA issues its final decision, compa - nies often appeal to the Competition, Regulation and Supervision Court, where proceedings may last another one and a half to two years before a ruling is handed down. If further appeals are filed to the Court of Appeal in Lisbon or the Supreme Court, the appellate phase can extend the case by another two to three years. In some cases, particularly those involving mul - tiple entities, procedural challenges, or constitu - tional issues, proceedings may take longer than three years. On the other hand, cases resolved through settlement procedures or involving full co-operation under the leniency programme may conclude more quickly, sometimes between one to three years. Nonetheless, the overall trend reflects a lengthy and meticulous enforce - ment process, with substantial time allocated to ensuring procedural fairness and legal scrutiny at each stage.
information it deems relevant. The Public Pros - ecutor’s Office cannot withdraw the accusation without the PCA’s agreement. It is not mandatory to hold a court hearing for the CRSC to rule, but the party concerned – as well as the PCA and the Public Prosecutor’s Office – may oppose this and require that a court hearing take place. Although the prosecution is conducted by the Public Prosecutor’s Office, the PCA is entitled to participate in the court hearing, to submit pleadings and to appeal independently against the CRSC decision. The CRSC decision is appealable to the Lisbon Court of Appeals, the ruling of which is final and binding. The CRSC will rule based on evidence presented at the hearing, in addition to the evi - dence gathered by the PCA during the admin - istrative phase of the proceedings. The Compe - tition Act awards the CRSC full jurisdiction to review decisions where the PCA has imposed a fine or a periodic penalty payment and can reduce or increase the fine or the periodic pen - alty payment imposed. Appeals, including interlocutory appeals, have a purely devolutive effect, except in respect of decisions imposing measures of a structural character, whose effect is suspensive. In the case of decisions imposing fines or other penalties provided for by law, the person con - cerned may request, when lodging the appeal, that it have a suspensive effect when it offers to give a bond within 20 days in the amount of half of the fine imposed, the granting of such effect being conditional on the effective provision of a bond.
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