ICP-ANACOM receives news of the commission of offences in various ways - the most important channel is through enforcement actions carried out under its oversight responsibilities and through complaints presented by operators and users of services. Also other authorities, including law enforcement services and the courts, bring evidence of offences to ICP-ANACOM's attention.
Breach proceedings are instigated whenever there is sufficient evidence that an offence has been committed by an undertaking subject to the sanctioning powers of ICP-ANACOM. In many cases, however, sufficient evidence is lacking and cases cannot be concluded or pursued, making it impossible to proceed with breach proceedings. ICP-ANACOM also receives reports of infractions in matters not covered by its sanctioning powers (in which case they are formally forwarded to the competent authorities) or where the limitation period for bringing breach proceeding has expired.
On 30 March 2012, Tribunal da Concorrência, Regulação e Supervisão (Court of Competition, Regulation and Supervision) was instituted in Portugal; this court has jurisdiction to decide on appeals of decisions, orders or other measures adopted by ICP-ANACOM pursuant to breach proceedings.
- 18.1. Proceedings instigated in 2012 https://www.anacom.pt/render.jsp?categoryId=353103
- 18.2. Decisions taken in respect of breach proceedings https://www.anacom.pt/render.jsp?categoryId=353104
