Cartels Comparative Guide

1 Legal and enforcement framework

1.1 Which legislative and regulatory provisions apply to cartels in your jurisdiction?

The primary statute governing cartels is Article 9 of the Competition Act (19/2012), which follows Article 101 of the Treaty on the Functioning of the European Union (TFEU).

Additional rules and guidance can be found in the bylaws of the Portuguese Competition Authority (PCA) (Decree-Law 125/2014), as well as in regulations and guidelines adopted by the PCA, including:

• the Explanatory Notice regarding Immunity from or the Reduction of a Fine;
• the Guidelines on the Methodology of Application of Fines; and
• the Guidelines on the Handling of Antitrust Proceedings.