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Compensating the State for antitrust infringements

Compensating the State for antitrust infringements
18th May 2016 at Lisbon University Law School

Compensating the State for antitrust infringements

On the 18th May, a Workshop was held at the Lisbon University Law School, organized by IDEFF, on “Compensating the State for antitrust infringements”.

The opening of the Workshop was presided over by Joana Marques Vidal, Attorney General, and António Ferreira Gomes, President of the Competition Authority.

The participants included jurists and economists, inter alia, from: the Supreme Court, the Court of Audit, the Public Prosecutor’s Office, the Court of Competition, Supervision and Regulation, the Competition Authority, the Entity for Shared Public Administration Services, the Shared Services of the Ministry of Health, the University of Coimbra, the University of Lisbon, the New University of Lisbon and RBB Economics.

The Workshop set off from the realization that there has never been, in Portugal (as in most EU Member States) any antitrust private enforcement action where a public entity was the Applicant. And yet, there have been a number of decisions of the PCA and of the European Commission which identified antitrust infringements that caused damages to public entities. These have the right to be compensated, and their administrators have, in principle, the obligation to take the necessary steps to obtain this compensation.

The Workshop discussed the terms in which such State private enforcement actions might be brought before the courts, as well as the consequences for public administrators of not initiating them.


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Faculdade de Direito da Universidade de Lisboa