The Lisbon Court of Appeal has dismissed MEO’s appeal in the NOWO–MEO cartel case, delivering a significant win for Ius Omnibus and for consumer access to justice.
MEO argued that internal emails referenced in the Portuguese Competition Authority’s (AdC) decision had been unlawfully seized and should therefore be treated as confidential, preventing their use in Ius Omnibus’ damages claim. The Court rejected this argument in full.
The Court ruled that Ius Omnibus relied solely on publicly available information, already disclosed in the AdC’s decision, and noted that MEO failed to provide any concrete justification for confidentiality.
Crucially, the Court went further, stating that sensitive information unlawfully shared with competitors cannot be considered confidential, as it was disclosed without protecting its secrecy and as part of the unlawful conduct itself.
While not ending all procedural challenges raised by defendants in similar cases, the ruling sends a clear signal that confidentiality arguments will not shield cartel behaviour from consumer claims.