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CADE signs four Cease and Desist Agreements in antitrust investigations

Cease and Desist Agreement

More than BRL 9.8 million will be collected as pecuniary contributions
published: Sep 30, 2015 10:00 AM last modified: May 03, 2016 04:24 PM

The Tribunal of the Administrative Council for Economic Defense – CADE authorized the signature, on 2 September 2015, of four Cease and Desist Agreements (TCC in its acronym in Portuguese) in antitrust investigations. In total, approximately BRL 9.8 million will be collect as pecuniary contributions to the Fund for the Defense of Diffuse Rights (FDD for its acronym in Portuguese).

Three of the agreements were negotiated within CADE’s General Superintendence, responsible for opening and analyzing the administrative proceedings. Additionally, the agreement signed with Copagaz Distribuidora de Gás S/A was negotiated by the Office of Commissioner Márcio de Oliveira Júnior. These proceedings will be suspended in regards to the signing parties until the fulfillment of obligations.

Administrative Proceeding no. 08012.005255/2010-11 – CADE signed a TCC with Micron Technology, Inc. in an international cartel investigation in the market of dynamic random access memory (DRAM). By the agreement, the company needs to pay BRL 2.2 million.

CADE’s Tribunal had already signed two other agreements in the same proceeding. The first was signed with the company Infineon Technologies AG and four individuals which committed to collect BRL 703,000 as a pecuniary contribution. The second agreement was signed with Samsung Semiconductor Inc., Samsung Electronics Co., Ltda. and six individuals. The parties admitted participation in the collusion and committed to stop the investigated conduct.

Administrative Proceeding no. 08012.001286/2012-65 – CADE signed a Cease and Desist Agreement with Copagaz Distribuidora de Gás S/A in a proceeding that investigates the practice of uniform commercial behavior in the market of distribution of liquefied petroleum gas, in the state of São Paulo.

According to the agreement, Copagaz must collect BRL 1.4 million as a pecuniary contribution.

Administrative Inquiry no. 08700.003018/2014-9 – CADE signed an agreement with Águia Química Ltda. and other individuals which committed to cease anticompetitive conducts in the market of resins.

According to the agreement, the signatories will collect BRL 4.7 million for the Fund for the Defense of Diffused Rights, in one single payment in 90 days from the authorization of the agreement in the Official Gazette.

Administrative Inquiry no. 0870.0011102/2013-06 – CADE signed an agreement with Rumo Logística Operadora Multimodal S/A. and Cosan S/A. Indústria e Comércio. The companies are defendants in an Administrative Inquiry that investigate alleged illegal practices in the market of railways logistics services.

The signatories of the Cease and Desist Agreements should collect BRL 1.5 million as pecuniary contributions to the Fund for the Defense of Diffused Rights.