Portugal's Lisbon Court Upholds €34 million Fine Against EDP and Sonae

The Lisbon Court of Appeal (Tribunal da Relação de Lisboa) ruled that the anti‑competition fine of more than €34 million imposed on utility group EDP and retailer Sonae was not subject to prescription. The judges overturned a previous decision by the Tribunal of Competition, Regulation and Supervision that had declared the case prescribed, noting that the 10‑year‑plus prescription period – taking into account pandemic‑related suspensions – would only end on 17 December 2024, after the conviction became final on 17 October 2024.

The fine stems from a 2012 non‑compete agreement between the companies that prevented Sonae from competing with EDP in the Portuguese electricity market. The Competition Authority (AdC) and the Public Prosecutor had originally levied a €38.3 million sanction in 2017, which was reduced in 2020 to about €34.4 million (€28.3 million for EDP and €6.12 million for Sonae). The appellate decision revives the case for further proceedings.