Answer ... Defendant companies may appeal decisions of the Portuguese Competition Authority (PCA) to the Portuguese Competition, Regulation and Supervision Court (CRSC). However, some decisions cannot be appealed (as expressly stated under the Competition Act). The CRSC has full jurisdiction to review the facts and law of the PCA’s decision, and may decide to reduce or increase the fine or periodic penalty payment imposed either with a hearing (including the possibility for testimonial evidence and witness examination) or without a hearing (if the PCA, the public prosecutor and the defendant do not object).

Certain decisions may be appealed by third parties. For example, where the PCA decides to close an investigation because there are insufficient grounds to act on a complaint, the complainant will be informed of that decision and will have the opportunity to appeal before the CRSC.

The PCA has an autonomous right to appeal.

Decisions of the CRSC may be appealed to the Lisbon Court of Appeals, whose ruling is final and binding.

The procedure for appeal is as follows:

• A party to a final decision by the PCA has 30 working days within which to lodge an appeal with the PCA (appeals against interlocutory decisions or against any interim measure adopted have shorter deadlines).
• The PCA then has 30 working days within which to forward all relevant documentation to the Public Prosecutor’s Office, including the presentation of its own allegations.

Answer ... Pursuant to Article 87 of the Competition Act, only the addressee of a PCA decision may appeal that decision, after being notified thereof.

Certain decisions may be appealed by third parties. For example, where the PCA decides to close an investigation because there are insufficient grounds to act on a complaint, the complainant will be informed of that decision and will have the opportunity to appeal before the CRSC.

The PCA has an autonomous right to appeal.