Popular action for the compensation of consumers following abuse of dominance by Portuguese energy incumbent

Ius Omnibus submitted today, to the Portuguese Competition, Regulation and Supervision Court, a popular action aimed at defending Portuguese consumers injured by EDP Produção’s unlawful practices identified in the Competition Authority’s Decision of 17 September 2019. Between January 2009 and December 2013, EDP abused its dominant position on the electricity system market for secondary regulation in Continental Portugal. During those five years, by restricting its supply on the tele-regulation market, EDP caused a price increase on this market and in the compensation paid to EDP Produção under the CMEC regime (Custos para a Manutenção do Equilíbrio Contratual). EDP unlawfully increased its profits, to the detriment of consumers. As the State has already acted to compensate consumers for a part of the damage caused by this practice, this action asks for consumers to be compensated only for the remaining part, estimated by the Competition Authority as 94.8 million EUR.

In this action Ius Omnibus is represented by law firm Sousa Ferro & Associados.

You may read more about the case here.