PORTUGAL Law and Practice Contributed by: Armando Martins Ferreira, Inês Sequeira Mendes and Margarida Calixto Kolmer, Abreu Advogados
7.7 Leniency v Ex Officio Investigations The leniency programme in Portugal has become an increasingly valuable enforcement tool for the PCA. Companies involved in cartels can report on their participation in exchange for immunity or reduced fines, which encourages early detec - tion of anti-competitive practices. Over the past few years, there has been a notable increase in leniency applications, signalling a shift towards greater corporate awareness of the risks associ - ated with cartel activity. This rise in applications has also led the PCA to adopt a more proactive stance on enforcement. Instead of relying solely on complaints or leni - ency filings, the authority has ramped up ex offi - cio investigations, where it initiates cases based on market intelligence, whistle-blower reports, or economic screening tools. These investiga - tions have been particularly effective in uncover - ing bid-rigging schemes in public procurement, price-fixing agreements in retail, and anti-com - petitive labour practices, such as wage-fixing and no poach agreements. Another significant development is the PCA’s collaboration with other national and European competition authorities, enabling cross-border enforcement actions against cartel behaviour. This trend reflects the global effort to curb col - lusion in sectors like digital markets, pharma - ceuticals, and energy, where anti-competitive conduct can have widespread economic con - sequences. 7.8 Domestic v International Investigations The PCA has historically focused on domes - tic cartel investigations, with a significant por - tion of cases involving bid rigging, price fixing and labour market restrictions within Portugal. According to recent reports, around 75% of
cartel cases pursued by the PCA are domes - tic in nature. These cases often involve pub - lic procurement collusion and sector-specific agreements that restrict competition within the national market. However, cross-border cartel behaviour has also been a growing concern, particularly in indus - tries like pharmaceuticals, energy, and digital markets. The PCA collaborates with EU com - petition authorities to tackle international cartels, and approximately 25% of cartel investigations involve cross-border elements. These cases often require co-ordination with the European Commission and other national regulators. Looking ahead, the trend suggests that domes - tic enforcement will remain strong, particularly in public procurement and labour markets, but cross-border investigations are expected to increase as Portugal integrates further into the EU’s digital and energy markets. The PCA is also investing in advanced forensic tools and AI-driven cartel detection, which could lead to more proactive investigations. 7.9 Environmental, Social and Governance (ESG) Cartels In October 2023, the PCA published its Guide - lines on Sustainability Agreements and Competi - tion Law. These guidelines are designed to help companies understand how they can engage in co-operation aimed at achieving sustainability goals – including environmental, social, and gov - ernance-related objectives – without infringing competition rules. The PCA explicitly warns against using sustain - ability as a pretext for cartel behaviour such as price fixing, market sharing or output limitation. The Guidelines aim to strike a balance: they encourage ESG co-operation where it can be
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