Portugal

The Autoridade da Concorrencia is an independent authority with investigative, decision-making, and sanctioning powers. Appeals go to the Competition, Regulation and Supervision Court (TCRS).

Article 9 of the Competition Act prohibits horizontal cartels including price-fixing, market-sharing, output restriction, and bid-rigging. The AdC has pursued major cases in banking and food distribution.

Vertical restraints including resale price maintenance and territorial restrictions are prohibited under Article 9. The AdC has investigated cases in consumer electronics and pharmaceutical distribution.

Article 11 prohibits abuse of dominant position, mirroring Article 102 TFEU. Significant cases against incumbents in energy, telecommunications, and postal services sectors.

Mandatory pre-notification for concentrations exceeding turnover thresholds (combined Portuguese turnover of EUR 100 million and individual Portuguese turnover of EUR 5 million). Phase I/II review procedure.

Full immunity or reduced fines under the AdC leniency programme. Aligned with the ECN Model Leniency Programme. Marker system and confidential treatment available.

Settlement procedure allows reduced fines for acknowledged infringements. Commitment decisions under Article 23 permit cases to close with binding undertakings.

Fines up to 10% of worldwide turnover for undertakings. Individual fines for managers. No criminal sanctions for substantive antitrust violations. ECN+ transposition enhanced penalty powers.

Portugal applies the EU Digital Markets Act. The AdC has conducted market studies on digital platforms and actively monitors the digital economy.

ANACOM (telecoms), ERSE (energy), CMVM (capital markets), and Banco de Portugal exercise concurrent regulatory powers in their respective sectors.

The AdC conducts dawn raids with judicial authorisation. Powers include access to premises, seizure of documents, and copying of electronic data. Powers enhanced by ECN+ transposition.

Private damages actions available following transposition of the EU Damages Directive (Law 23/2018). The TCRS and civil courts have jurisdiction for competition damages claims.

Active member of the ECN, ICN, and OECD Competition Committee. Close cooperation with the European Commission and with the Spanish CNMC under Iberian cooperation frameworks.

Focus on banking sector cartels, food retail competition, digital platform practices, and public procurement bid-rigging. Enhanced enforcement tools following ECN+ transposition in 2022.