In a statement, the Competition Authority explains that the "agreement led to a concerted approach by the three largest telecommunications operators operating in the national market, together with a consulting firm, which resulted in customers generally having no effective possibility of switching operators due to the simultaneous and concerted degradation of the subscription TV service, even if they were dissatisfied with the introduction of advertising in the recording service".

Without identifying the names of the companies targeted, the decision refers to the December 2021 notice of illegality, in which the AdC accused the operators MEO, NOS and Vodafone, and the consulting firm Accenture, of restricting competition "by colluding to insert 30 seconds of advertising" to access automatic television recordings.

According to the information released on 5 June, "the AdC's decision results in the application of fines totalling €13,351,000 to the four companies, one of which resorted to the transaction procedure, waiving litigation of the factual imputation and proceeding to the voluntary payment of the fine".

Opening of the process

The process began with information released in August 2020 by the media, which reported the implementation of a joint, coordinated initiative among the three largest pay-TV operators, with technological and operational support from a consulting firm, the entity led by Nuno Cunha Rodrigues explains. This "joint initiative" allowed "the imposition of conditions that, globally, harmed subscribers, without the risk of competitive disruption."

Commercialisation of advertising space

Furthermore, it also impacted the commercialisation of advertising space with advertisers and media agencies, it adds, noting that "the agreement resulted in the elimination of competition between telecommunications operators, materialised in a standardisation of the conditions under which this commercialisation could be verified, including in terms of price, discounts and other commercialisation conditions relevant to the entities that acquire advertising space."

In December 2021, the notice of illegality was adopted, but in the meantime, "the evidence seized in the context of search and seizure operations was deemed invalid by judicial decision, which implied the return of the process to the investigation phase in January 2024 and resulted in the adoption of a new notice of illegality in December of the same year."

Investigation

According to the investigation by CADE (Administrative Council for Economic Defence), the agreement was in effect, at least, between 1 August 2019 and 1 May 2025, at which point the sale of the advertising spaces in question was suspended.

The Antitrust Law expressly prohibits agreements between companies that, in whole or in part, significantly restrict competition in the national market, thereby reducing the welfare of consumers and/or businesses.

In the statement released, the AdC (Competition Authority) explains that it does not identify the sanctioned companies "following several injunctions from the Administrative Courts, requested by companies targeted in other proceedings, to prohibit their identification in communications related to the adoption of condemnatory decisions" by the supervisor.

The AdC emphasises that "it does not agree with this understanding, and appeals related to this matter are currently pending before higher courts."