As part of the settlement, SINDHOSPE and FENAESS agreed to pay fines of $57,000 and $17,000, respectively.
The Brazilian competition authority's Tribunal has formally approved settlement proposals submitted by the Federação Nacional dos Estabelecimentos de Serviços de Saúde (FENAESS) and the Sindicato dos Hospitais, Casas de Saúde e Laboratórios de Pesquisas e Análises Clínicas do Estado de Pernambuco (SINDHOSPE) as part of a broader investigation into anticompetitive practices in the healthcare sector.
The agreements were accepted during a ruling session of the Administrative Council for Economic Defense (CADE) yesterday after both entities were found by the council's Superintendence to have engaged in practices that promoted uniform commercial conduct among healthcare providers, particularly through the dissemination of pricing guidelines for medicines and hospital materials.
FENAESS agreed to pay a fine of 94,266 reais ($17,264.84) in six semiannual installments, with the first due within 30 days. Absent the agreement, the estimated fine would have been 104,740 reais ($18,853.20), reflecting a 10 percent reduction for settling.
SINDHOSPE committed to a fine of 317,842 reais ($57,211.56), payable in four semiannual installments. Without the agreement, the fine was estimated at 353,160 reais ($63.568.80), also reflecting a 10 percent discount.
During today's session, CADE emphasized that the agreements must be signed within 30 days. Failure to do so will be interpreted as a withdrawal from the agreement, the authority said.
The investigation began in January 2015, when the Federal Prosecutor’s Office in São Paulo alerted CADE to the use of pricing tables — specifically Brasíndice and Simpro — by private hospitals as reference points for billing. The formal administrative process was launched in October 2019, and culminated in a series of findings and recommendations issued between December 2024 and April 2025.
Among the entities originally investigated, FENAESS, SINDHESUL and SINDHOSPE were found guilty of anticompetitive practices. Brasíndice and Simpro, despite their role in publishing price tables, were cleared due to insufficient evidence of intent or coordination.
Source: MLex
