From civil liability for the infringement of anti-trust laws to the private enforcement regime disruption or continuity of the portuguese tort law

Abstract

The Portuguese tort law model is based on the distinction between unlawfulness and fault. Unlawfulness becomes when there is a violation of an absolute right, a violation of a legal norm protecting foreign interests or a situation of abuse of right. Not without doubt and hesitation, legal doctrine and case law have been considering that anti-trust laws could be understood as legal norms protecting foreign interests, and therefore able to trigger unlawfulness. The new anti-trust private enforcement regime sets new solutions and clarifies all doubts, although it brings with it
new problems. But, we can still find a continuity link between the new discipline and the Portuguese tort law.