Lisbon, 3 July 2025 – The Portuguese Competition Authority (AdC) has reopened its investigation and issued a fresh indictment against a sector association and five private healthcare groups for allegedly engaging in a restrictive agreement during negotiations with ADSE, the public healthcare subsystem for civil servants.
The move follows a court ruling that excluded key email evidence, forcing the case to return to the investigation phase. Despite this, the AdC said it had relied on other available evidence to issue a new Statement of Illicitness on 26 June 2025.
Alleged Coordination in Price-Fixing and Contract Threats
The AdC alleges that, between 2016 and 2019, the healthcare groups and the sector association coordinated their negotiating strategies with the aim of fixing prices and commercial terms in talks with ADSE. They are also accused of jointly threatening to suspend or terminate contracts to pressure ADSE into settling disputed invoices from 2015 and 2016.
Such concerted action, according to the AdC, would have increased the groups’ bargaining power and limited competition, ultimately pushing ADSE beneficiaries toward costlier private treatment options.
Background and Legal Setback
The investigation began in 2019, triggered by complaints and media reports. The AdC initially issued charges in 2021, followed by a final decision in 2022. However, the defendants appealed to the Competition, Regulation and Supervision Court (TCRS), contesting both the substance and the use of seized emails as evidence.
While the TCRS initially upheld the AdC’s position, the Lisbon Court of Appeal later ruled that the email seizures—though authorised by the Public Prosecutor’s Office—should have required a criminal investigating judge’s warrant. The court ordered the evidence excluded, sending the case back to the AdC.
Next Steps
The Statement of Illicitness does not constitute a final decision. The accused companies now have the opportunity to respond to the charges and present their defence.
The AdC reiterated that such agreements are prohibited under Portuguese Competition Law, due to their potential to distort market dynamics and harm consumers.
ADSE, which serves public employees and their families, is funded through contributions and plays a crucial role in access to healthcare across Portugal.
The case underscores the legal and procedural challenges in competition enforcement, particularly when sensitive electronic evidence is involved.
