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Antitrust litigation covers disputes and enforcement actions about anti-competitive behaviour - for example cartels, abuse of a dominant position, anti-competitive agreements and certain merger control issues. In Portugal antitrust rules are enforced through a mix of national law and European Union competition law. The Portuguese competition authority - Autoridade da Concorrência (AdC) - leads public enforcement at national level, while the European Commission enforces EU-wide rules where appropriate. Private parties can also bring civil claims for damages or injunctions in the Portuguese courts.
Antitrust matters are technically complex and can involve major financial and reputational risks. Common situations where legal help is advisable include:
- Receiving a dawn-raid or inspection notice from the competition authority.
- Being the subject of an AdC investigation or administrative proceeding.
- Facing civil claims for damages arising from alleged anti-competitive conduct.
- Seeking to file a damages claim against companies that took part in cartels or other prohibited conduct.
- Preparing or responding to merger notifications and clearance processes.
- Applying for leniency or settlement with the competition authority.
- Designing and implementing compliance programmes to reduce the risk of enforcement.
In all of these situations a lawyer with competition law experience can advise on rights and obligations, preserve evidence, prepare submissions, negotiate with authorities or opposing parties and represent you in court.
Key legal features that affect antitrust litigation in Sintra - and Portugal generally - include:
- Dual enforcement framework - EU competition law (notably Articles 101 and 102 TFEU) applies alongside Portuguese competition law. The Autoridade da Concorrência enforces national rules, while the European Commission acts on cross-border or EU-level issues.
- Types of prohibited conduct - core categories are anti-competitive agreements and concerted practices, abuse of a dominant position, and certain merger situations requiring notification when thresholds are met.
- Administrative enforcement and sanctions - the AdC can investigate, impose fines and require behavioural or structural remedies. Enforcement actions follow administrative-procedure rules that protect procedural rights, including the right to be heard.
- Private enforcement - victims of anti-competitive conduct can pursue civil remedies in national courts, such as damages, injunctions or claims for restitution. Collective actions and consumer association actions are available in certain circumstances.
- Interim measures and evidence preservation - courts and the authority can order interim relief to prevent ongoing harm, and parties should be prepared to preserve relevant documents and communications.
- Cooperation with EU and foreign authorities - Portugal cooperates with EU institutions and other national authorities, including sharing information and coordinating enforcement in cross-border cases.
Procedural details - like limitation periods, the forum for different types of claims and appeal routes - follow national civil and administrative procedural law, and can vary depending on whether the case is an administrative sanction, a civil damages claim or an EU-level matter.
Typical violations include price-fixing, market allocation agreements, bid-rigging, resale price maintenance, exclusionary conduct by a dominant company and transactions that significantly impede effective competition. The specific facts determine whether conduct is unlawful under Portuguese law or EU law.
The Autoridade da Concorrência (AdC) is the national competition authority responsible for enforcing Portuguese competition law. The European Commission enforces EU competition law where an effect on trade between Member States or EU-level issues arise. Civil courts handle private damages claims.
Yes. Victims of anti-competitive conduct may bring claims in the civil courts seeking compensation, injunctions or other remedies. Collective redress mechanisms and actions by consumer associations may be available for groups of victims.
Preserve relevant documents and avoid destroying evidence. Immediately notify senior management and contact a lawyer experienced in competition investigations. Counsel can help ensure rights are protected during inspections, prepare responses and advise on whether a leniency application is appropriate if cartel exposure exists.
Leniency programs allow a participant in a cartel to report the wrongdoing and cooperate with the authority in exchange for reduced fines or immunity. It is a high-stakes decision that requires careful legal advice because of potential civil exposure and confidentiality issues.
Yes. EU competition law applies in Portugal when conduct affects trade between Member States or falls within the scope of EU rules. In many cartel or dominance cases EU law will be relevant alongside national competition law.
Timelines vary widely. Administrative investigations can take many months or years, depending on complexity. Civil damages litigation can also be lengthy, especially if appeals or complex evidence issues arise. Early legal advice helps manage expectations and preserve claims or defences within applicable deadlines.
The AdC can impose fines, behavioural or structural remedies and compliance obligations. Courts can award damages, injunctions and declaratory relief. Fines may be linked to turnover and can be substantial. Reputational and commercial consequences can also be significant.
Competition enforcement in Portugal is primarily administrative and civil. While criminal sanctions are not the norm for standard antitrust infringements, other criminal offences could arise from related conduct - for example fraud or corruption - depending on the facts. Discuss risks with counsel early on.
Look for lawyers or firms with specific experience in competition law, preferably with a track record in investigations, merger control, and civil litigation. Check professional qualifications through the Ordem dos Advogados and seek a preliminary consultation to assess experience, approach and fees. For complex cross-border matters, choose counsel with EU competition experience or access to international networks.
When seeking information or assistance consider these types of resources:
- Autoridade da Concorrência (AdC) - the national competition authority for guidance on enforcement and procedures.
- European Commission - Directorate-General for Competition for EU-level policy and cases.
- Ordem dos Advogados - for lawyer referrals and professional standards in Portugal.
- DECO - Associação Portuguesa para a Defesa do Consumidor - for consumer-oriented support and collective action information.
- Local courts and procedural rules - consult regional court registries for filing procedures and deadlines applicable in the Lisbon judicial district.
- Reputable law firms and specialised competition lawyers - for direct representation and tailored advice.
If you believe you are affected by anti-competitive conduct or are the subject of an investigation, consider the following practical steps:
- Act quickly - competition cases often involve urgent deadlines and the need to preserve evidence.
- Gather and preserve documents - save communications, contracts, invoices and relevant data in their original form where possible.
- Seek specialist legal advice - contact a lawyer experienced in competition law for an initial assessment of your position and possible remedies or defences.
- Do not destroy potentially relevant information - intentional destruction can lead to adverse inferences and additional legal problems.
- Consider interim relief - if the conduct is ongoing, ask counsel about emergency measures or injunctions to stop harm.
- Evaluate settlement options - in some cases negotiated settlements, commitments or mediation can resolve disputes faster and at lower cost than full litigation.
This guide is general information and not a substitute for personalised legal advice. For issues specific to your circumstances contact a qualified competition lawyer in Portugal.
