Procedure for obtaining a waiver or reduction of fines

On July 11, Regulation 747/2024 approved by the Portuguese Competition Authority was published in the Official Gazette of the Portuguese Republic (the “Regulation”). It approves the procedure for obtaining the waiver or reduction of fines under Law 12/2012 of May 8 (“Competition Act”) granted in administrative offense proceedings related to offenses with a horizontal aspect. 

The Regulation thus governs the application of a rule that is increasingly relevant in the current competition law setting and enables companies to obtain a waiver or reduction of the fine in return for their cooperation with the Competition Authority in eliminating anti-competitive behavior in the market.

Key aspects

• The Portuguese Competition Authority has approved Regulation 747/2024 on the procedure for obtaining a waiver or reduction of fines under Law 19/2012 of May 8.
• The leniency application can be made in writing or through oral statements, and it must contain a detailed account of the offense and the available evidence.
• The waiver or reduction of the fine is stipulated by the Competition Authority in the final decision concluding the proceedings, and also implies the non-application of the additional penalty depriving the applicant of the right to participate in certain contracts.
• The waiver or reduction of the fine may be revoked if the applicant carries out contradictory acts or acts that jeopardize its application and the existence of the offense.