The Lisbon Court of Appeal has confirmed the appeals made by the Portuguese Competition Authority (AdC) and the Public Prosecutor's Office, overturning a previous ruling that deemed the administrative offence proceedings concerning the non-compete agreement between EDP and Sonae as time-barred.

In its judgment dated July 15, 2026, the Court concluded that the limitation period for the administrative offences had not expired, stating that it would only have ended on December 7, 2024. The Court emphasized that the sanctions imposed had become final and binding on October 17, 2024, indicating that the limitation period had not lapsed.

The AdC's appeal highlighted that the lower court had incorrectly excluded statutory suspensions from the limitation period calculation, which were introduced during the COVID-19 pandemic. The Court of Appeal reiterated that these suspensions were applicable in this case.

The background of the case dates back to May 4, 2017, when the AdC found EDP and Sonae liable for entering into a non-compete agreement, leading to fines exceeding EUR 34 million. The Competition, Regulation and Supervision Court upheld this decision in September 2020, but the undertakings appealed, resulting in a referral to the Court of Justice of the European Union for a preliminary ruling.

After the Court of Justice's endorsement of the AdC's interpretation in October 2023, the Lisbon Court of Appeal upheld the infringement finding in February 2024. However, in March 2026, the lower court ruled the proceedings were time-barred, prompting the AdC and Public Prosecutor's Office to appeal, which led to the recent ruling by the Lisbon Court of Appeal.