The infringement procedure PRC 2004/31 was initiated by the Competition Authority Board on 28.10.2004, regarding a possible violation of Article 4 of Law 18/2003, of 11 June.
This investigation analysed practices adopted by the company Nestlé Portugal, S.A., which could constitute a vertical exclusive purchasing restriction.
On 20.05.2006 the Competition Authority Board adopted a condemnatory decision, which was subject to judicial challenge by the company, and the TCL returned the process to the AdC for reformulation of the procedural documents, alleging that part of the evidence which sustained the said documents was not made available for consultation by the defendant. In relation to the same case, on 29.05.2008, the Competition Authority Board adopted a decision to close the case with commitments, and the defendant removed the clauses considered anti-competitive by the AdC from its distribution contracts.