Due to indications of possible violations to the economic order, as a result of the truckers´ strike, CADE informs that a Preparatory Procedure was initiated on 25 May, to probe the alleged conducts.
According to the Law 12.529/11, specifically to the subsections I and IV of article 36 and its caput 36, the acts which under any circumstance have as an objective or may have the following effects: “to limit, restrain or in any way harm free competition or free initiative” and “to exercise a dominant position abusively”, will be considered violations to the economic order.
Furthermore, according to the 3rd paragraph, subsection XIII of the same article, "to destroy, render useless or monopolize the raw materials, intermediate or finished products, as well as to destroy, disable or impair the operation of equipment to produce, distribute or transport them”, also constitute violation.
If the unlawful anti-competitive effect is confirmed, the practice could subject the responsible companies to a fine corresponding from 0,1% up to 20% of the gross revenue of the year of operation prior to the initiation of the Administrative Proceeding. Regarding individuals, the sanction applied could be from BRL 50 thousand to BRL 2 billion.
The law envisages to the violators the prohibition of establishing contracts with official financial institutions and of participating in public bids; the recommendation that the installment of federal tributes, fiscal incentives or public subsidizing should not be granted; the demerger of companies, transfer of corporate control, sale of assets or partial ceasing of activities; the prohibition to trade, among other penalties.
CADE has the mission to promote free competition and maintain a healthy competition environment in Brazil and, in the context of this premise, reiterates that CADE acts and will keep acting in an intransigent way, whenever deemed necessary, intervening in cases that present potential harm to healthy markets and free competition.
President of CADE
Alexandre Cordeiro Macedo