Fixing of minimum prices results in Statement of Objections against a business association

Press release 02/2025
April, 24, 2025
The investigation
The Portuguese Competition Authority (AdC) conducted an investigation into a business association for setting minimum prices in the tourism sector, which led to the issuance of a Statement of Objections (accusation) against the entity.
In June 2024, the AdC opened an investigation which revealed evidence that the business association had fixed minimum prices to be charged by its member companies and other service providers. This was done through the recommendation of prices listed in fee schedules as well as by establishing the minimum percentage of price increases to be applied in the sector concerned.
During the investigation, the AdC found out that the business association in question had engaged in this anti-competitive practice, at least, since 2020.
As a result, the AdC issued a Statement of Objections, formally notifying the association in writing of the competition concerns identified.
The case, registered under reference PRC/2024/4 is public in accordance with article 32 of the Portuguese Competition Law.
The Statement of Objections
Following its investigation, whenever the AdC considers that there is a reasonable likelihood of adopting a final decision finding an infringement of competition law, it issues a Statement of Objections.
Upon notification of the Statement of Objections, the AdC grants the association a reasonable period to exercise its rights of defence and to be heard in relation to any relevant matters, the evidence gathered, and the potential sanctions it may face.
Once the investigation has been concluded and the rights of defence have been exercised, the AdC adopts a final decision.
The practice
The conduct under scrutiny concerns the fixing of minimum prices by a business association, targeting undertakings operating in the sector it represents (including both members and non-members), for the provision of tourism services in part of the Portuguese territory.
Business associations must refrain from engaging in price-setting practices within their sector, as such behaviour constitutes a serious infringement of competition rules and harms consumers.
Under competition law, undertakings must retain full autonomy in determining prices and other commercial conditions for the goods and services they offer.
Infringements of competition law not only undermine consumer welfare but also damage the competitiveness of undertakings and, ultimately, the wider economy.
To promote compliance, the AdC has published on its website a Guide for Business Associations, which aims to inform associations and their members about prohibited conduct and highlight the benefits of competition.
This investigation reflects the AdC’s ongoing efforts to detect and deter anti-competitive practices at regional level, as part of a broader strategy to engage more closely with the business community, public authorities and citizens across the country. This initiative is being implemented through the campaign “20 Years, 20 Cities – Competition Comes to You!”, which is currently underway.