Antitrust Private Enforcement in Portugal and the EU: The Tortuous Topic of Tort

Abstract

Directive 2014/104/EU was written on the assumption that the private enforcement of competition law is a matter of tort in all Member States. While doubts about this issue may have been brought up by some during the legislative process, they are not reflected in the final text. This assumption also underlies rules of EU law, notably in the field of private international law.

This paper shows that this assumption may well prove to be wrong in several Member States, and highlights the consequences thereof. It will do so by focusing specifically on Portugal, but it is likely that the same legal issues will arise in other jurisdictions where civil law has a strong Germanic influence.

Keywords: Antitrust, Competition Law, Private Enforcement, Liability, Tort, Directive 2014/104/EU, Portugal

JEL Classification: K21