Competition Authority methodology for imposing fines

Last July, the Portuguese Competition Authority (“AdC”) published the guidelines on the methodology to be used for imposing fines under article 69 of Law 19/2012 of May 8 (“NRJC”), reviewed by the AdC in accordance with the amendments introduced by Law 17/2022, which transposed Directive (EU) 2019/1.

The guidelines apply to administrative offense proceedings in which the investigation began after the guidelines’ entry into force, but may be reviewed by the AdC, if justified, based on acquired experience and case law.

Key aspects

• The Portuguese Competition Authority has revisited the guidelines on the methodology to be used for imposing fines under article 69 of Law 19/2012 of May 8, as amended by Law 17/2022, which transposed Directive (EU) 2019/1.
• The methodology for determining the fine comprises three stages: determining the base amount for each infringing company, the adjusted base amount, and the fine itself.
• The waiver or reduction of the fine in the specific cases envisaged in Law 19/2022 has also been established, as well as the possibility of settlement procedures.