Cade ends cartel case in the auto parts market

On the 2nd of February CADE has ended, a process involving cartel in the automotive aftermarket and original parts (Original Equipment Manufacturer or OEM) markets.

The Court ordered a fine of R $ 100,000 for participating in the collusion. Other companies and individuals involved in the case, in turn, acknowledged their participation in anticompetitive conduct during the investigation of Terms of Commitment to Cease Practice (TCCs) with CADE. The agreements resulted in the application of more than R $ 30 million in financial contributions.

The process started in 2017, based on a leniency agreement signed with Mahle and Mahle GmbH and with individuals linked to the company. According to the investigations, the collusion affected the distribution chain for the following automotive parts: engine pistons, bearings, liners, pins, connecting rods, ring holders, o-rings and gaskets and engine piston rings.

In his vote, the rapporteur of the process, advisor Mauricio Oscar Bandeira Maia, pointed out that the cartel consisted of a combination of prices and commercial conditions in Aftermarket sales, based on the set of percentages and adjustment dates. In the original parts market, there was also a division of customers. There was also an exchange of commercial and competitively sensitive information in both sectors.

Given the fulfilment of the obligations provided for in the leniency agreement, the Court declared the punitive action concerning the companies Mahle Metal Leve and Mahle GmbH and the signatory individuals terminated. The Board also declared the process suspended with respect to the TCCs' pledges, until the obligations assumed in the agreements are fully recognized.

The board members also voted to close the case with respect to two individuals investigated, due to the lack of sufficient evidence in the records.