Moreover, as a result of the implementation of the ECN+ Directive65 into the domestic legal orders, competition authorities have increased their enforcement powers as well as the amount of fines which may be imposed. Currently, under the CA, fines for anticompetitive practices may amount 10 % of its total turnover worldwide in the business year preceding the sanctioning decision by the PCA by the undertakings66 and as concerns natural persons may amount to 10% of the respective labour and entrepreneurial income in the last year when the anticompetitive conduct took place67. Besides the imposition of fines, the PCA can also impose accessory sanctions68 “When the seriousness of the infringement and the fault of the party concerned so justifies”, such as “a)Publication in the Official Journal of the Portuguese Republic and in a national, regional or local newspaper with a large circulation, according to the relevant geographical market, at the expense of the party concerned, with this publication containing an extract of the decision imposing a sanction or, at the least, that part of the decision relating specifically to the sanction handed down in a case initiated under the provisions of this law, such publication to be after the final court ruling, which is not subject to any appeal. b) A ban on the right to take part in the procedures for contracts where the purpose is to offer services typical of public works contracts, public service concessions, leasing or acquisition of movable assets or the acquisition of services or procedures involving the award of licences or authorisations, in those cases where the practice that has led to an administrative offence punishable with a fine has occurred during or because of such procedures”. It should be noted that the sanction set out in subparagraph b) of the previous paragraph may be in force for a maximum of two years counting from the final ruling upholding the decision imposing the sanction, which is not subject to any appeal. In the same line, the PCA may also impose periodic penalty payments69 in given instances. To this should be added that third parties who consider themselves susceptible of being harmed by alleged anticompetitive practices may also invoke this 65 Directive (EU) 2019/1 of the European Parliament and of the Council of 11 December 2018 to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market, published in OJ L 11, 14.1.2019, p. 3–33. 66 Article 69(4) CA. For the fines which can be imposed to associations of undertakings, please see article 69(5) and (6) CA. 67 Article 69(8) CA. 68 Article 71 CA. 69 Article 72 CA. 143 THE SWEET&SOUR TASTE OF TOURISM AND COMPETITION LAW INTERACTION
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