PORTUGAL Trends and Developments Contributed by: Armando Martins Ferreira, Inês Sequeira Mendes and Margarida Calixto Kolmer, Abreu Advogados
as well as broader EU strategic goals in defence and energy. As governments fund large-scale projects in these areas, there is increased scope for co-operation among companies. However, such co-operation will have to adjust and con - form with the competition laws’ boundaries. The European Commission and the PCA have both emphasised that sustainability objectives do not create a blanket exemption from cartel rules. Nonetheless, new guidance and policy debates suggest that certain forms of collabo - ration, especially in early-stage innovation or standard-setting, may be acceptable if properly structured. In Portugal, companies involved in clean energy, digital infrastructure, or defence-related pro - curement should expect closer scrutiny of their agreements and bidding strategies. Public fund - ing and subsidies may increase the incentive for collusion, particularly in tender processes. Seizure of Emails and Digital Evidence: Legal Uncertainty and Constitutional Challenges A notable issue moving into 2025 concerns the legal framework for the seizure of electronic communications during dawn raids. Recent rulings by the Portuguese Constitutional Court have challenged aspects of how the PCA col - lects and uses digital evidence, particularly email data, while discussions are underway at the Court of Justice of the European Union in view of the various preliminary reference procedures pending. These decisions have reinforced the need for clear procedural safeguards when accessing potentially privileged or unrelated content. The lack of a prior judicial warrant in some cases has been questioned, and further litigation is expected. Companies facing dawn raids should
pay particular attention to the scope of searches and ensure they can assert their rights effectively during inspections. In any case, the PCA is already adapting its internal procedures in response to these rulings from the Portuguese Constitutional Court. Collective Actions for Damages: From Theory to Practice The Portuguese class action market has grown significantly, attracting foreign funders and it is expected that this trend will continue with new cases and the upcoming rulings. In fact, several material complex cases involv - ing significant claims have emerged in the Por - tuguese market, often involving new entrants working alongside international claimants and law firms. However, the possible impact of the final clarifi - cation on the seizure of electronic communica - tions during dawn raids (see previous point) is still uncertain and may influence the claimants’ related strategy, at least in certain cases. The interaction between public enforcement and private follow-on and/or standalone litiga - tion will continue to be an area of significant legal development and attention, with broader implications for legal strategy, disclosure and risk assessment. Conclusion: From Reactive to Strategic Compliance As Portugal moves into 2025, the landscape for cartel enforcement is defined by legal evolution, external disruption and increased expectations of accountability. Companies must not rely on reactive compliance. Strategic foresight, invest -
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