News - Indemnification for breach of competition law

09/08/18

Indemnification for breach of competition law

Law 23/2018, of June 5, approved the regime of the right to compensation for infringement of competition law, transposing into Portuguese law Directive 2014/104 / EU of the European Parliament and of the Council of 26 November on to certain rules governing actions for damages under national law for infringement of the competition law provisions of the Member States and of the European Union, as well as rules on other claims based on infringements of competition law and amending the Law 19/2012, of May 8, which approved the legal regime of competition, and Law 62/2013, of August 26, which approved the organization of the judicial system.
Consequently, those who infringe the rules designed to avoid distortion of competition are subject to the consequences of the infringement, in particular the payment of fines or fines, which may amount to very large sums. Now, moreover, it is established that the undertaking or association of undertakings which has committed an infringement of competition law is obliged to compensate all those injured by the damage resulting from the infringement.
Accordingly, any person or entity who feels prejudiced by an anti-competitive practice may demand payment of compensation to the defaulter or to the prevaricating entity.