Portugal ∙ The Portuguese ‘Sausage Gap’:Parent Company Liability for Antitrust Infringements Not Yet Assured in Portugal

Abstract

The Lisbon Appeal Court reversed the ruling of the Portuguese Competition Court, finding that a parent company cannot be held liable for an antitrust infringement as an author of that infringement by omission, under Portuguese general rules, leading to an almost 90% reduction of the total fines imposed on the group. Due to the Competition Authority’s unwillingness to test liability of the parent company under the single economic unit doctrine of EU and national competition law, Portugal is facing the same problem known in Germany as the “sausage gap”. Judgment of the TRL of 14 June 2017, ANF et al v. AdC (36/16.0YUSTR.L1)