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COMPETITION LAW IN BRAZIL: 2018 OVERVIEW 41

no evidence that prices had increased or quantities had been reduced as a result of the concerted
behavior. Finally, the Tribunal stressed that organizations like Ansac are not exempt from analysis
by the competition authority.

Flexible packaging: statute of limitation and proof standard

CADE’s Tribunal concluded the judgment of an alleged cartel operating on
the flexible packaging market between 2001 and 2006, involving several manufacturers and two
industry associations . The judgment commenced on April 2018.
21
In his opinion, Reporting Commissioner Joao Paulo de Resende had rejected
claims of an interim time bar. He addressed the issue of the statute of limitation in light of a letter
sent to respondents requesting turnover and sales volume information. Although such letter did
not refer to the period in which the alleged practices had occurred, the Commissioner held that
it still suspended the statute of limitation.
On the merits, Resende held that
price fixing and market division were per se violations ON THE MERITS, RESENDE
and that the Tribunal only needed to determine who the HELD THAT PRICE FIXING
offenders were and establish the evidences of the conduct. AND MARKET DIVISION WERE
Meeting minutes and documents obtained during search PER SE VIOLATIONS AND
and seizure operations showed that several flexible THAT THE TRIBUNAL ONLY
packaging manufacturers had exchanged sensitive NEEDED TO DETERMINE WHO
information, fixed prices and allocated customers as THE OFFENDERS WERE AND
part of a competition “cease-fire” agreement. ESTABLISH THE EVIDENCES
ABIEF and ABRAFLEX, industry OF THE CONDUCT. MEETING
associations, also deserved to be sanctioned for influencing MINUTES AND DOCUMENTS
the competitors to adopt standardized or concerted OBTAINED DURING SEARCH
commercial practices. However, the Commissioner AND SEIZURE OPERATIONS
held the evidences were insufficient to rule against SHOWED THAT SEVERAL
specific companies, therefore he voted to dismiss the FLEXIBLE PACKAGING
case against Shellmar Embalagem Moderna, Zaraplast, MANUFACTURERS HAD
Tecnoval Laminados Plásticos, Itap Bemis and Bafema EXCHANGED SENSITIVE
and related individuals. INFORMATION, FIXED PRICES
Commissioner Resende also accepted AND ALLOCATED CUSTOMERS
the General Attorney’s proposal that CADE initiate AS PART OF A COMPETITION
fresh investigation against companies which had not “CEASE-FIRE” AGREEMENT.

21 See Administrative Process No.
08012.004674/2006-50. We represented Alcoa
in this case. Any opinions and views expressed
here are our own and do not represent our
client’s position in the case.