Supreme Court's First Ruling On Private Enforcement Procedure

On 13 February 2025, the Portuguese Supreme Court of Justice (the "Supreme Court") issued its first ruling in a civil action for compensation for damages caused by anticompetitive practices, in the context of the case known as the "Trucks Cartel" (Proceeding No. 54/19.6YQSTR.L1.S1 - 2nd Section).

In 2016 and 2017, the European Commission imposed fines on several truck manufacturers (notably, MAN, Volvo/Renault, Daimler, Iveco and DAF) for participating in a cartel to coordinate prices for medium and heavy trucks and other sensitive commercial conditions, which allegedly covered the entire territory of the European Economic Area over a period of 14 years.

As a result, under the Private Enforcement Directive (Directive 2014/104/EU of the European Parliament and of the Council, of 26 November), implemented in Portugal by Law No. 23/2018 of 5 June (which regulates the right to compensation for infringements of competition law, known as the Private Enforcement Law),