The Portuguese Competition Authority (AdC or the Authority) opened, on 23.10.2019, proceedings against the 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 Law no. 19/2012 and article 101 TFEU. The AdC was notified of the existence of allegedly anticompetitive behaviours in the participation in public tenders launched for the provision of human security and surveillance services in Portugal, by the main companies operating in that market.
The AdC carried out dawn raids and requested information from the parties and from third parties.
During the dawn raids, on 05.11.2019, the target Strong Charon, acquirer of the company Charon, which was extinguished on 01.06.2018, applied for Immunity from fines or reduction of fines under the Leniency Programme, pursuant to and for the purposes of Articles 75 et seq. of the Competition Act, stating its knowledge of the existence of the infringement that determined the initiation of the present proceedings.
On 16.07.2021, the AdC proceeded to close the Inquiry, under the terms and for the purposes of the provisions of article 24.3, of Law no. 19/2012.
The AdC concluded regarding Esegur - Empresa de Segurança, S.A., Gália - Empresa de Segurança, S.A., Ronsegur, Rondas e Segurança, Lda. and Vigiexpert - Prevenção e Vigilância Privada, Lda, that PRC/2019/4 did not provide sufficiently conclusive evidence of their participation in the infringement of the provisions of article 9(1) of Law no. 19/2012 and therefore ordered to close the case with regard to the above-mentioned companies.
On the other hand, the AdC adopted a Statement of Objections (SO), under the terms and for the purposes of paragraph a) of n. º 3 of Article 24 of the Law no. 19/2012, concerning 2045, 2045-Galia, Comansegur, Group 8, Prestibel, Prosegur, Securitas and Strong Charon.
All parties, except Strong Charon, presented their Comments to the Statement of Objections.
After assessing all the facts, the AdC concluded the following:
(i) The companies 2045 Group, through 2045 and 2045-Galia, Comansegur, Group 8, Prestibel, Prosegur, Securitas and Charon (now Strong Charon), adopted anti-competitive behaviours, when participating in public procurement procedures launched for the provision of surveillance and human security services in Portugal, with the aim of protecting and maintaining certain customers of each of these companies at least since 05. 02.02.2009 until, at least, 09.03.2020 or, 01.06.2018, in the case of Strong Charon;
(ii) Such behaviour constitute an agreement and/or a concerted practice, for the purposes of article 9 (1) of Law n.º 19/2012, May 8, and article 101 (1) of the Treaty with the object of preventing, distorting or appreciably restricting competition.
(iii) The behaviour adopted by the parties fulfils all the elements of an agreement or concerted practice prohibited under article 9(1) of Law nº. 19/2012 and is therefore illegal.
In light of the above, on 12.07.2022, 2022, the AdC adopted a Final Decision against the above mentioned parties for the practice of an agreement and/or concerted practice setting the above mentioned fines for each of the party involved.
The Final Decision may be appealed.