Since the implementation of the Private Enforcement Law in 2018, Portugal has seen a significant increase in compensation actions for competition law infringements, highlights Leonor Martins Machado in an interview with Advocatus.
Leonor Martins Machado, managing associate in the litigation and arbitration department, emphasised in an interview with Advocatus the growing role of private enforcement in the Portuguese legal system.
With the entry into force of the Private Enforcement Law (LPE) in 2018, there has been a significant increase in actions for damages for infringements of competition law, which now play a more dissuasive role against anti-competitive practices.
Since specialising in litigation and arbitration in 2013, Leonor has closely followed the evolution of this mechanism, which has transformed the ability of injured parties to take action. The EPL introduced a rebuttable presumption of damages and extended the limitation period to five years, significantly increasing the chances of success for civil claims.
The lawyer also mentioned that the legislative changes have facilitated the adoption of the opt-out regime in popular actions, allowing an action to be brought on behalf of all those affected without the need for an express mandate. This factor has contributed to an increase in litigation in this area, especially in cases of competition violations.
Leonor anticipates that the growth trend in private enforcement actions will continue, especially with the expansion into new areas such as digital markets and the labour sector. The Portuguese legal profession can expect an increase in stand-alone actions, which do not depend on infringements previously declared by the competition authorities, diversifying the type of litigation seen in the courts.
Read the full interview on the impact of private enforcement in Portugal with Leonor Martins Machado.
(the interview is in portuguese only)
