A TRANSPOSIÇÃO EM PORTUGAL DA DIRETIVA SOBRE INDEMNIZAÇÕES POR DANOS DECORRENTES DE INFRAÇÕES AO DIREITO DA CONCORRÊNCIA.

Directive 2014/104/EU, of the European Parliament and Council of 26 November 2014, related to damages claims derived from competition law infringements was transposed into Portuguese legislation through Law 23/2018 of 5 June 2018, marking the incorporation of a specific legal framework in this jurisdiction for these judicial claims. It is also an important new instrument in terms of the awareness of competition policy. The new legal framework offers legal certainty, particularly for all those potentially damaged by competition law infringements, also providing significant incentives for harmed parties to seek compensation in a swifter manner. Furthermore, Law 23/2018 focuses on certain innovative aspects in relation to the common civil framework, such as: the exclusive jurisdiction of the Competition Court for these types of judicial claims; it regulates the presumption of the existence of an infringement derived from the competition authorities' decisions; it allows for the use of class actions on the part of consumer protection associations or associations of undertakings; it provides a mitigated framework for the joint liability of co-offenders; and it also includes a method for the disclosure of evidence with some similarities to the Anglo-Saxon discovery model. [ABSTRACT FROM AUTHOR]