The Competition Authority (AdC) received, between 2004 and 2019, only 2,7% of the more than 500 million euros in fines it applied, this Sunday the “Jornal de Notícias”. One of the reasons for the delays is the multiple appeals in court, which contribute to only a small part of the fines being paid.
The data revealed by “Jornal de Notícias” show that, in 15 years, the AdC received only 15,5 million of the expected 583 million euros. This difference is due, in large part, to the Competition, Regulation and Supervision Court, to which many of the fined companies resort, which means that the revenue from fines never concerns the year of application and, sometimes, neither to be paid due to agreements or acquittals.
The “Jornal de Notícias” reports that, in June of this year, for example, the Competition, Regulation and Supervision Court was judging resources from the EDP and Sonae groups to the fines of 38,3 million euros imposed in May 2017 by AdC for non-competition pact in the implementation of the commercial plan “Plano EDP Continente”, which took place in 2012.
“The amount of fines imposed by the AdC during 2019 reached a total higher than the sum of all fines that were imposed during the institution's previous 15 years, due to the number of sanctioned cases, the size and the number of companies involved ”, Stresses Leyre Prieto, competition specialist at Telles Advogados, noting that there are practically untouchable sectors for this entity.
The banking sector has, until now, been the one with the biggest fine ever: 225 million euros.