CADE found two companies and two businessmen liable for price-fixing and bid-rigging in a fuel supply tender process in Paraná state.
Brazil’s Administrative Council for Economic Defense (CADE) unanimously found two fuel station operators and two individuals liable for engaging in a fuel retail cartel and collusion in a public tender process conducted in the municipality of Coronel Vivida, Paraná state.
According to the ruling by CADE’s Tribunal, Comércio de Combustíveis Stang and Santos & Merlo, along with businessmen Augustinho Stang and Clauber Henrique Merlo, committed violations against the economic order. In addition, Pato Comércio de Combustíveis took part in the price-fixing scheme, according to the regulator.
The investigation has been ongoing since November 2019 and was launched following a complaint filed by prosecutors in Paraná state. According to CADE, between October 2016 and July 2017 the cartel participants coordinated gasoline, diesel and ethanol prices and divided lots in a municipal fuel supply tender.
The case file states that the parties exchanged WhatsApp messages to coordinate their conduct during the bidding sessions and align bid parameters. The lead councilor on the case said that the collusive agreement generated “clear economic advantage” for the participants. His vote was fully followed by the other members of the Tribunal.
The fines to be applied to all the involved in the cartel investigations were not disclosed. However, there is an understanding within CADE that cartel activity constitutes the most serious antitrust offense, and penalties tend to be heavy.
A separate case involving San Rafael Sementes e Cereais, identified as a potential fourth cartel participant, was closed due to lack of evidence.
One of the investigated individuals, Augustinho Stang, has previously been held liable in two cartel investigations conducted by CADE, in 2023 and 2024. He is also prohibited from conducting commercial activities for five years.
Source: MLex
