PORTUGAL Trends and Developments Contributed by: Armando Martins Ferreira, Inês Sequeira Mendes and Margarida Calixto Kolmer, Abreu Advogados
2024 in Retrospective: A Year of Reaffirmation In 2024, cartel enforcement in Portugal main - tained its position as a strategic priority for the Portuguese Competition Authority (PCA). Enforcement activity remained robust across multiple sectors, including the health and the business software services sectors and public procurement services. The PCA reaffirmed its commitment to detecting and sanctioning car - tels and to supporting private enforcement. Trade in Transition: Cartels and the Return of Barriers to International Commerce Looking ahead, one of the significant external forces shaping cartel enforcement in 2025 is the increasing fragmentation of global trade. As geopolitical tensions and economic nationalism reshape global supply chains, new barriers to international trade are emerging. Tariffs, export restrictions, and sector-specific regulations are challenging long-standing commercial arrange - ments. In this context, the risk of collusive behaviour increases. Companies operating in disrupted or more isolated markets may be more tempted to co-ordinate pricing or market access strategies with competitors. National authorities, includ - ing the PCA, are likely to enhance scrutiny of such behaviours, especially where protectionist policies or regional fragmentation affect procure - ment or cross-border services. Portuguese authorities may also pay closer attention to sectors dependent on foreign inputs or export routes, such as transport, agri-food, and pharmaceuticals. Digital Markets, AI and the Rise of the Digital Gatekeepers Digital markets remain under the spotlight as competition authorities around the world are
adapting to rapid technological changes. In 2025, the focus of the PCA will increasingly be on the behaviour of digital platforms, the use of algorithms for pricing and the broader implica - tions of AI on competition. Following the implementation of the EU Digital Markets Act (DMA), enforcement agencies are preparing for more active roles in monitoring gatekeepers’ conduct. While the PCA is not the primary regulator under the DMA, it plays a sup - porting role and may investigate anti-competi - tive agreements or concerted practices involving gatekeepers active in Portugal. Algorithmic collusion, either through direct com - munication or tacit co-ordination facilitated by AI tools, will likely receive greater attention. Com - panies using automated pricing tools should ensure these do not facilitate parallel behaviour or information exchange with competitors. The legal debate around liability in AI-enhanced col - lusion is still emerging, but firms should adopt a cautious and proactive stance. In support of this effort, the PCA launched a paper series on artificial intelligence in 2024, aimed at fostering a deeper understanding of the competition implications of AI technologies. These publications examine potential risks, reg - ulatory challenges, and enforcement strategies, reinforcing the PCA’s commitment to staying ahead of technological developments and guid - ing businesses through emerging compliance issues. Green, Digital and Strategic Transitions: A New Field for Co-operation and Competition Risks Another key development for 2025 will be the interaction between cartel laws and public initia - tives supporting the green and digital transitions,
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