Case details

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Anticompetitive practices
Case reference
PRC/2017/10
Entities involved
  • Fidelidade - Companhia de Seguros, S.A.
  • Lusitania - Companhia de Seguros, SA
  • Multicare-Seguros de Saúde, S.A.
  • Seguradoras Unidas, S.A.
  • Zurich - Companhia de Seguros Vida, S.A.
  • Zurich Insurance plc-Sucursal em Portugal
Natural persons involved
Yes
Sector
  • Banking, Financial and Insurance activities
Activity (NACE)
  • K65 - Insurance, reinsurance and pension funding, except compulsory social security
Investigated practice
  • Horizontal agreement
Legal provisions
  • National-Law 19/2012-Article 9
Case origin
Leniency
Dawn raids
Yes
Cooperation with sector regulators
  • ASF - Insurance and Pension Fund Supervisory Authority
Status
Closed
AdC’s decision
Settlement decision
Settlement
  • Fidelidade - Companhia de Seguros, S.A.
  • Multicare-Seguros de Saúde, S.A.
  • Seguradoras Unidas, S.A.
Sanction imposed
  • Fidelidade - Companhia de Seguros, S.A. - €11,900,000.00
  • Lusitania - Companhia de Seguros, SA - €20,500,000.00
  • Multicare-Seguros de Saúde, S.A. - €100,000.00
  • Natural person(s) - €58,800.00
  • Zurich Insurance plc-Sucursal em Portugal - €21,500,000.00
Summary of the case

The AdC sentenced the companies Lusitania, Fidelidade, Multicare, Seguradoras Unidas and Zurich Insurance, and certain directors and officers of some of the companies, to the payment of fines amounting to €54,058,800.00 (fifty-four million, fifty-eight thousand and eight hundred euros) for horizontal competition-restricting practices (cartel) in the market for the contracting of work-related insurance, health and car insurance by large corporate customers. The AdC's investigation revealed that, at least between 2014 and 2017, the referred companies acted in concert in the market, sharing among themselves the clients and agreeing on the respective prices, restricting and significantly distorting competition. Specifically, the companies involved in the cartel agreed on the prices they presented to large corporate clients when hiring work-related insurance, health and car insurance, always presenting higher prices, so that the incumbent insurer would keep the client.

Seguradoras Unidas benefited from a total waiver of the fine that would be applied to it in the process, since it was the first to denounce and provide evidence of the infringement. In contrast, Fidelidade and Multicare also benefited from a fine reduction under the Leniency Programme, as these three companies participated in a settlement procedure, under which the companies acknowledged their responsibility for the infringement and waived their right to litigate.

Timeline
Judicial phase chronology - Interlocutory appeals
Judicial phase chronology - Final decision appeal
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