Ius Omnibus v Melia

Consumer protection association Ius Omnibus submitted on 6 July 2021, before the Competition, Regulation and Supervision Court, a popular action to force hotel chain Meliá to disclose documents needed to confirm that consumers were injured by Meliá’s anticompetitive practices identified in the European Commission’s Decision of 21 February 2020.

On April 7, 2022, the Portuguese Competition Court has confirmed Ius’ right to file popular actions representing Portuguese consumers to seek disclosure of documents necessary to determine if consumers were injured by Meliá’s anticompetitive practice. The court’s ruling opens the door for a first in Portugal where a company may be required to provide access to means of evidence necessary to prepare an action for damages.

By judgment of 13 July 2022, the Lisbon Court of Appeal confirmed the international jurisdiction of Portuguese courts for pre-filing discovery acases to determine whether consumers have been harmed by anti-competitive practices. In addition, it confirmed that the jurisdiction of the courts in private enforcement actions is determined by the residence of the consumers, i.e. the place where the damage occurred.

The CJEU’s ruling is out. We are waiting for the Supreme Court’s judgment.