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CARTELS

Luiz Felipe Rosa Ramos
Mário André Machado Cabral

Right in May 2018, CADE was pushed to deal with the competitive effects
of a truck drivers’ strike. Through a Query submitted to the antitrust authority, CADE had the
opportunity to assess the legality of the minimum freight prices set up by associations. As
important as price-fixing by national associations was the analysis of an alleged export cartel.
CADE decided whether a soda ash export association could be treated as an export cartel with
anticompetitive effects on Brazil.
Another important issue was the final THE QUESTION WAS: “IS
judgement of the case involving the flexible packaging IT LAWFUL FOR CARGO
market. Relevant discussions on the statute of limitation SHIPPING COMPANIES (CSCS)
and the proof standard for cartel cases were addressed. TO ADOPT MANDATORY,
Furthermore, for the first time in MINIMUM FREIGHT PRICES
CADE’s history, a fuel distribution company concludes WHEN CONTRACTING
a Cease and Desist Agreement (TCC in its acronym HAULAGE SERVICES FROM
in Portuguese) in a cartel case. The fuel market has AUTONOMOUS CARGO
always raised competitive concerns in Brazil. Many cartel TRANSPORTERS (ACTS),
cases investigating the sector took place at CADE in AS PER THE AGREEMENT
decades. However, usually only fuel retail companies (gas ENTERED INTO BY THE
station firms) were fined. This time a big fuel distributor ASSOCIATIONS?”. THE
recognized its participation in anticompetitive practices TRIBUNAL UNANIMOUSLY
and agreed to pay a monetary contribution. AGREED THAT MINIMUM
PRICING COULD RESTRAIN
COMPETITION.