On October 23, 2019, the Competition Authority (AdC or Authority) initiated proceedings against companies 2045, 2045 -Gália, Comansegur, Esegur, Gália, Grupo 8, Prestibel, Prosegur, Ronsegur, Securitas, Strong Charon, and Vigiexpert to investigate the existence of practices prohibited by Article 9 of the Portuguese Competition Law and Article 101 of the TFEU, after receiving several complaints by contracting authorities reporting the existence of allegedly anti-competitive behavior in the participation in public tenders launched for the provision of surveillance and human security services in Portugal by the main companies operating in that market.
In order to ascertain the facts, several procedures were carried out, pursuant to Article 17(2) and Article 18 of the Portuguese Competition Law, namely searches, examinations, collection and seizure of copies of documents and other items, as well as requests for information from the parties concerned and third parties.
The AdC concluded the investigation of this case by adopting a Final Decision on July 12, 2022.
The parties concerned, dissatisfied with the decision adopted by the AdC, lodged judicial review appeals before the Competition, Regulation and Supervision Court (TCRS), which were admitted.
On June 5, 2024, the Lisbon Court of Appeal (TRL) handed down a ruling declaring null and void the evidence—e-mails, open or closed, and other similar means of communication—obtained through the search/seizure carried out by the AdC at the premises of the parties concerned.
As a result, the TCRS decided to analyze and determine the validity of the emails seized by the AdC with the authorization of the Public Prosecutor's Office.
In the context of the above-mentioned administrative offense proceedings, by judgment (hereinafter “TCRS Judgment of 04.04.2025” or “Judgment”), dated April 4, 2025 (Case No. 399/22.8YUSTR Citius Reference: 520344), the TCRS, in compliance with the TRL judgment identified above, ruled that the emails that were seized by the AdC, without the authorization of the investigating judge and without the consent of the entities searched, should be removed from the respective administrative offense proceedings, declaring the Statement of Objections and the final Decision adopted by the AdC null and void.
The files of the case were sent back to the AdC to pursue/resume the investigation of the case.