Portugal and Spain

Abstract

This chapter analyzes the evolution and current state of antitrust damages litigation in Portugal and Spain. Both countries share the commonality of being novice jurisdictions in dealing with these types of claims. Courts and professionals have shown to be up for the challenges raised in handling antitrust damages' claims. In doing so, they have become a prominent jurisdictions for testing the projection of the principle of effectiveness of EU law in national rules, and dealing with the typical problems raised by antitrust claims (jurisdiction, standing, limitation periods, access to evidence). However, differences in the institutional and legal settings of both countries explain the different pictures emerging. Portuguese popular actions show a promising future as an efficient way of collectively managing these disputes, whilst the lack of any similar instrument in Spain explains the inefficient proliferation of multiple proceedings and judgments, with the subsequent risks of clogging the court system and leading to different solutions. Given the incipiency of antitrust litigation in both countries, it is still too early to assess in a rigorous manner if they will become a welcoming forum for litigation by those aggrieved by antitrust infringements.