The Constitutional Court upheld the Lisbon Court of Appeal's decision confirming EDP Produção's conviction for abuse of dominant position, sanctioned by the Portuguese Competition Authority in 2019. EDP's appeals for constitutional review were denied, and the case was referred back to calculate court costs and process the fine payment.

The Lisbon Court of Appeal found that EDP's capacity restriction practices led to higher electricity prices, harming consumers. EDP was accused of exploiting its dominant position in the secondary regulation band market between 2009 and 2013, resulting in a significant fine reduction by the national courts.

In 2019, the AdC fined EDP Produção for limiting supply in the secondary regulation band market, benefiting from state aid and increasing revenues. This strategy burdened consumers with higher energy prices and increased compensations under the CMEC regime, ultimately affecting the electricity market balance.