Competition, Technology and the Public Interest: AdC’s Priorities for 2026

Did you know that the Portuguese Competition Authority has recently published its Competition Policy Priorities for 2026, which will guide its enforcement activity over the coming year? In practical terms, the Authority will continue to intensify the detection and investigation of anti-competitive practices, with particular focus on public procurement, labour markets and the liberal professions.

Notably, the Authority is strengthening its enforcement capabilities through the use of advanced technological methods, including machine learning and artificial intelligence tools, applied to the analysis of public databases, which is expected to enhance the effectiveness of identifying and investigating infringements.

In 2026, the Authority’s activity will also continue to place particular emphasis on merger control, with a focus on the timely and rigorous assessment of notified transactions, alongside the updating of guidance on commitments relating to concentrations that substantially alter market structures. In addition, and in parallel with investigations into gun jumping practices, the Authority will move forward with the consolidation and implementation of specific guidance on ancillary restrictive clauses.

The Authority also highlights the need for closer dialogue with other public bodies and business associations, so that public policies, ranging from regulation to support programmes, incorporate a pro-competitive dimension. This approach is expected to contribute to a reduction in barriers to entry across markets, fostering a more competitive environment for companies in different sectors.

Finally, the Authority underlines its objective of closely monitoring the review process at European level concerning Regulation (EC) No 1/2003, as well as the European Commission’s guidelines on exclusionary abuses of dominant position and the guidelines on the assessment of horizontal and non-horizontal mergers.

In summary, in 2026 the Authority is expected to focus its activity on the following areas:

enforcement of competition law and integration with pro-competitive public policies;
digital transformation, geopolitical tensions, environmental and social sustainability, and the impact of artificial intelligence;
action against anti-competitive practices, with particular emphasis on public procurement, labour markets and the liberal professions;
development of advanced technology tools, such as machine learning and artificial intelligence;
investigation of abuses of dominant position, vertical restraints and decisions by associations of undertakings;
rigorous and timely assessment of merger transactions, updating of guidance on commitments, and investigation of gun jumping practices;
and alignment with the European legislative framework, including the review of Regulation (EC) No 1/2003, the European Commission’s guidelines on exclusionary abuses of dominance, and the merger control guidelines.