Press Release 22/2022
October 24, 2022

The Portuguese Competition Authority (AdC) and the Spanish CNMC carried out simultaneous unannounced inspections in Spanish territory, at an intermediary company active in the wood chip business.
Both authorities are investigating possible market sharing agreements and exchange of sensitive commercial information that could affect both the Portuguese and Spanish markets.
The unannounced inspections were carried out between October 19 and 21, 2022.
Such inspections are a preliminary step in the investigation process. As such, they do not prejudge the outcome of the investigation nor the culpability of the companies under investigation.
The AdC points out that agreements of market or customer sharing between competitors constitute a very serious infringement of Competition Law, as they create conditions in a given market which do not correspond to normal conditions, namely by reducing autonomous and independent behavior by companies and may lead to fines up to 10% of the turnover of infringing companies.

Leniency Program

The AdC provides access to a Leniency Program which establishes the legal regime for the waiver or reduction of fines.
The law sets out conditions under which a company may obtain a full fine immunity (Article 77 of the Portuguese Competition Law) or a reduction of up to 50% of the fine applicable to the infringement in question (Article 78 of the Portuguese Competition Law).

Bilateral cooperation

Just last week, both authorities met to strengthen strategic cooperation, which in the case of the AdC reflects the priority given to fighting cartels. Previously in 2021, the AdC and the CNMC had conducted simultaneous unannounced inspections in a case for anti-competitive practices in both countries.