On the 2nd of March 2026, Ius Omnibus filed, at the Court of Competition, Regulation and Supervision Court of Santarém (Judge 2), a class action under case
no. 5/26.1YQSTR, which aims to defend consumers residing in Portugal against unlawful practices by clinical analysis laboratories (Affidea B.V., Hormofuncional – Centro de Hormonologia Funcional, Lda., Alves & Duarte, Lda., Unilabs Diagnostics AB, Medicina Laboratorial – Doutor Carlos da Silva Torres, S.A., SYNLAB AG, SYNLABHEALTH II, S.A. and SYNLABHEALTH Algarve S.A.).
The action aims to protect all consumers resident in Portugal who have paid for the provision of healthcare services in the field of clinical analysis and/or clinical pathology not covered by the national health system, either privately and/or under a public or private healthcare sub-system or health insurance, from private and social-sector clinical and hospital establishments in Portugal, between 30 November 2007 and 2 March 2022 within national territory; as well as all beneficiaries of public or private healthcare sub-systems within national territory and all beneficiaries of health insurance schemes operating in Portugal during the period in question.
The cartel members formed the cartel and began participating in it on at least 30 November 2007, continuing to do so without interruption until at least 2 March 2022. During this period, they engaged in various anti-competitive practices, aimed at fixing prices and commercial terms, coordinating a boycott of the provision of services, exchanging commercially sensitive information and dividing up the national market, in the context of the provision of clinical analyses.
These laboratories coordinated their interests and conduct in negotiations with private and public bodies regarding price lists, rules under the agreed scheme and discounts to be applied, as well as the process for carrying out COVID tests (PCR and TRAg), through and with the participation of the ANL, and shared sensitive information amongst themselves.
The anti-competitive practices in question resulted in clinical analysis and clinical pathology services being provided to the represented consumers and to the health care sub-systems and health insurers at prices higher than those that would have existed had such conduct not taken place (“overcharging”), and the latter necessarily passed on these additional costs to their beneficiaries/insured persons (“passing-on”). This overcharge constitutes financial loss directly attributable to the defendants’ conduct.
The conduct of the cartel members also caused other damages, in particular to the public health system (SNS). These damages were caused directly to the public bodies providing health services within the SNS and to the Portuguese State, and indirectly to taxpayers. These damages are not at issue in the present proceedings.
All, or virtually all, clinical analysis and clinical pathology services in Portugal during the Relevant Period – including COVID tests between 2020 and 2022 – were affected by the anti-competitive conduct of the cartel members.
The anti-competitive practices engaged in by the cartel members led to an artificial increase in the prices charged for all clinical analysis and clinical pathology services carried out in Portugal by private laboratories, regardless of whether or not those laboratories had participated in the competition infringement at issue in this action.
This resulted in the represented consumers paying more than they would have paid, in the absence of the cartel, for the clinical analysis or clinical pathology services they purchased from suppliers who did not participate in the anti-competitive practice, either because they paid the full price for those services, or because they incurred a higher co-payment or received a lower reimbursement (“direct damages - ‘umbrella’; and ‘co-payments and reimbursements - ‘umbrella’”)
The portion of the overcharge for clinical analysis and clinical pathology services that was subsidised by the health sub-system, whether public or private, or by an insurer was subsequently passed on in full to all beneficiaries of the sub-system or the insurer in question, regardless of whether or not they had undergone clinical analysis or clinical pathology tests during the same period (“indirect damages – passing-on”).
This conduct by the cartel members led to a reduction in supply to the represented consumers (reduction in supply or output) and created conditions conducive to a reduction in the quality and efficiency of the services purchased by the represented consumers, particularly with regard to the carrying out of regular tests.
Some of the represented consumers would have undergone more clinical analyses had the cartel members not committed the competition infringements in question (loss of a favourable business opportunity).
Other consumers may have been excluded from this market because they did not end up purchasing clinical analysis and clinical pathology services due to their high prices, and are therefore not even represented in the present proceedings.
The cartel members have thus infringed fundamental rights guaranteed by the Constitution and by European and Portuguese competition law.
If successful, the action will require the laboratories to compensate the affected consumers.
This is a class action brought by Ius Omnibus to defend diffuse and/or collective interests (protection of competition and consumer rights), as well as the homogeneous individual interests of all consumers resident in Portugal.
It is a lawsuit to defend consumers’ rights brought under the provisions of Articles 52(3) and 60(3) of the Constitution of the Portuguese Republic, Articles 2, 3, 5 and 6 of the Class Action Law (Decree-Law 114-A/2023 of 5 December), Articles 2(1), 3, 12(2) and 14 of the Popular Action Act (Act No. 83/95 of 31 August), Articles 31 and 546(2) of the Code of Civil Procedure, and Articles 3 and 19 of Law No. 23/2018 of 5 June.
The case concerns the adoption of a series of anti-competitive practices, including price-fixing and fixing other commercial terms, as well as coordination to boycott and/or threaten to boycott the provision of services, the exchange of commercially sensitive information, and market sharing, in the context of the provision of clinical analyses.
These laboratories coordinated their interests and conduct during negotiations with private and public bodies regarding price lists, rules under the agreed scheme and discounts to be applied, as well as the process for carrying out COVID tests (PCR and TRAg), through and with the involvement of the ANL, and shared sensitive information amongst themselves.
This action represents all consumers resident in Portugal who have paid for the provision of healthcare services in the field of clinical analysis and/or clinical pathology not covered by the national health system, either privately and/or under a public or private healthcare sub-system or health insurance, from private and social-sector clinical and hospital establishments in Portugal, between 30 November 2007 and 2 March 2022 within national territory; as well as all beneficiaries of public or private healthcare sub-systems within national territory and all beneficiaries of health insurance schemes operating in Portugal during the period in question.
Consumers do not need to take any action to be represented in the proceedings or to be entitled to compensation should the case be successful (they will only need to claim their compensation at that time).
Any consumer who does not wish to be represented in this action may exercise their right to opt out by notifying the court of their intention to do so. Consumers may also decide to intervene in the proceedings, in support of Ius Omnibus, within the time limit to be set by the court.
In summary, Ius Omnibus is asking the Court to:
a) Declare that the Defendants, together with the other members of the cartel, from November 2007 to March 2022, infringed, in a single and continuous course of conduct, Article 101 of the TFEU and Article 9 of Law No 19/2012 of 8 May (preceded by Article 4 of Law No 18/2003), by entering into an agreement – or, in the alternative, engaging in a concerted practice – with effect throughout the national territory, aimed at fixing price levels and other commercial conditions, in the context of negotiations with the Ministry of Health (National Health Service), Institute for Health Protection and Care (ADSE) and private insurers / insurance managers (Médis, Multicare and AdvanceCare), as well as coordinating a boycott and/or threat of a boycott of the provision of services, in addition to sharing sensitive information amongst themselves to achieve these aims and to partition the national market for the provision of COVID tests in schools and nurseries and on flights from the mainland to the Azores;
b) A declaration that this anti-competitive practice caused harm to the diffuse and/or collective interests relating to the protection of the consumption of goods and services and to competition, and to the homogeneous individual interests of the consumers represented;
c) That the Defendants be ordered, jointly and severally, to pay full compensation to all consumers represented in this action for the damages suffered as a result of the anti-competitive practices in question, which occurred during the Relevant Period;
d) That the Defendants be ordered to repay the total amount equivalent to all unjust enrichment they have obtained at the expense of the consumers represented in this action as a result of the anti-competitive practice in question, with the amounts comprising the total sum, calculated on a monthly basis, to be adjusted for inflation and increased by default interest due from the date the infringement began until full payment is made.
The mechanism for mass compensation of consumers used here, as provided for in the Portuguese rules on class actions, has not yet been tested in practice right through to the final stage. However, according to the law, the following will happen if the court rules in favour of Ius Omnibus:
1) The court will set the total amount of compensation to be paid by the pharmaceutical companies to consumers, and will determine how individual compensation payments are to be distributed to each consumer (for example, direct payment by a defendant, or distribution by a body appointed by the court);
2) The court will set out the procedure and deadline for represented consumers to claim their share of the compensation (not distributed directly), and this information will be publicised in various ways;
3) Consumers (who do not receive compensation directly from a defendant) will need to contact the body responsible for managing the compensation fund, and submit the evidence required by the court and payment instructions, in order to receive their share of the compensation;
4) At the end of the period set by the court, if any part of the total compensation remains unclaimed by consumers:
(i) That amount will be used to pay the costs incurred by Ius Omnibus in connection with the proceedings;
(ii) Any remaining amount will be handed over to the State, with 60% going to the Fund for the Promotion of Consumer Rights and 40% to the Institute for Financial Management and Judicial Equipment, I.P.
Consumers are not required to contact the Court or Ius Omnibus, but it may be in their interest to do so.
All consumers resident in Portugal who have paid for healthcare services in the field of clinical analysis and/or clinical pathology not covered by the national health system, either privately and/or under a public or private healthcare scheme or health insurance, from private and social-sector clinical and hospital establishments in Portugal, between 30 November 2007 and 2 March 2022 within national territory; and furthermore, all beneficiaries of public or private healthcare sub-systems within national territory and all beneficiaries of health insurance schemes operating in Portugal during the period in question are automatically represented in this class action, are automatically represented in this class action.
If you do not wish to be represented, you will need to exercise your right to opt out.
If you wish to be represented, you do not need to take any further action at this stage to be entitled to compensation should Ius Omnibus win this case.
At the end of the proceedings, should the claim be successful, you may contact the body designated by the Court (where applicable) to claim your compensation.
However, if you wish to intervene in the proceedings in support of Ius Omnibus, you may do so within the time limit to be set by the court.
All consumers represented in this case are invited to contact Ius Omnibus immediately so that their details can be recorded and they can be kept informed by Ius Omnibus of all developments in the case, ensuring they do not miss the opportunity to claim their compensation when the time comes. They can do so using the form available on this page.
Preparing a claim of this nature properly, in a way that ensures its success, is extremely costly, requiring the engagement of specialist solicitors and consultants. The success of the claim depends on the proper handling of extensive and technical facts within an extremely complex area of legal, economic and technological expertise. An effective response is also dependent on the vast financial and human resources that will be mobilised by the opposing parties.
However, consumers will never have to pay any sum, bear any costs or waive any part of the compensation to which they are entitled. The case is being financed by FSF 1, LLC, a entity specialising in litigation financing.
The funding agreement is subject to the court’s scrutiny, and the funder may not interfere with or dictate how Ius Omnibus manages the proceedings.
The funder bears all the risk and costs. If Ius Omnibus loses the case, the funder is not entitled to any compensation. If Ius Omnibus wins the case, the funder will receive the amount that the Court deems appropriate and fair.
The financier will only receive this amount if part of the total compensation paid by the Defendants remains after the deadline for consumers to claim individual compensation has expired. The remaining amount is then allocated in accordance with the applicable legal provisions.