In July 2022, the AdC imposed a total fine of nearly 191 million euros on a group of healthcare organizations for collusion in negotiations with ADSE.
The penalty was levied on entities including the Portuguese Association of Private Hospitals (APHP), Trofa Saúde Group, Hospital Privado da Trofa, Hospital Particular do Algarve (HPA), José de Mello Capital and CUF, Lusíadas SGPS and Lusíadas S.A., and Luz Saúde.
The Competition Authority’s investigation suggested these entities coordinated with the sector association to set prices and other commercial conditions during negotiations with ADSE, as well as threatened or suspended agreements to pressure the settlement of invoices from 2015 and 2016.
“This conduct allowed the companies to reinforce their bargaining power against ADSE, potentially resulting in more favorable conditions than would have arisen from individual competitive negotiations,” noted the AdC in a statement released today.
The authority explained that the collective threat or suspension of agreements would only be effective if multiple companies acted simultaneously, as it would restrict ADSE beneficiaries’ access to the network, pushing them to the more expensive free regime, which is more profitable for private providers.
The highest fine was imposed on Grupo Mello (74,980,000 euros), followed by Luz (66,209,000 euros), Lusíadas Group (34,242,000 euros), HPA (8,818,000 euros), Trofa Group (6,696,000 euros), and the APHP (50,000 euros).
After the companies’ appeal to the Tribunal da Concorrência, Regulação e Supervisão (TCRS) was deemed unsuccessful, one party appealed to the Lisbon Court of Appeal (TRL), which found that due to electronic correspondence seized by the AdC with the Public Prosecutor’s approval, such seizure was invalid and those evidence elements should be nullified.
Consequently, the Court ordered the case to be returned to the investigation phase.
“The AdC reopened the investigation based on remaining evidence and concluded it with a new statement of objections on June 26, 2025,” stated the entity today, emphasizing that the statement of objections does not determine the final outcome, and the implicated companies may now exercise their rights to a hearing and defense against the alleged facts and penalties.
The case was initiated in March 2019, following various reports and complaints.
In May of the same year, the AdC conducted a search and seizure operation at these companies’ premises in Lisbon, Porto, and Portimão.
Approximately two years later, in July 2021, the Competition Authority issued a statement of objections.
ADSE is a healthcare subsystem for civil service workers and their families, funded by contributions.
The AdC highlighted that “Competition Law explicitly prohibits agreements between companies aimed at significantly restricting competition, given their highly harmful nature to consumers, competitiveness, and the economy at large.”
