CADE convicts Real Estate Agents Council of Goiás for price-fixing

On 11 September, the Administrative Council for Economic Defense (CADE) convicted the Regional Council of Real Estate Agents (CRECI-GO) in the State of Goiás for collusion and fined the organisation to pay BRL 300,000. The Tribunal of CADE unanimously decided the case, following the vote of Commissioner Diogo Thomson, who had a broad discussion on different methodologies for the analysis of price-fixing.

In 2022, the Office of the Superintendent General (SG/CADE) started the investigation after identifying some documents related to anticompetitive conducts in the defendant’s website. The files contained information on price-fixing associated with conducts subject of a cease and desist agreement from 2018.

According to the rapporteur, the content of the documents made the real estate agents believe they had to follow the fee schedule, otherwise they would face sanctions.

Commissioner Diogo Thomson considered the potential harm to competition associated with standardised fees, along with the nuances of the case, such as CRECI-GO’s influence on its accredited real estate agents and a contrary-to-duty obligation to follow the fee schedule. As a result, the Tribunal of CADE unanimously voted for the conviction of the defendant. 

In accordance with CADE, the Brazilian Federal Prosecution Services (MPF) representative, Prosecutor Waldir Alves, supported the decision, reinforcing Commissioner Thomson’s vote. “Words of suggestion do not de-characterise the content, which is one of duty. Therefore, such demands on real estate agents must be penalised”, he added.  

Besides BRL 320,000 in fines for the anticompetitive conduct, the Tribunal of CADE determined that CRECI-GO should remove all remaining references to fee schedule, code of ethics, and standardised contracts from their websites. In addition, CADE prohibited regulations, inquiries, administrative proceedings, and other forms of punishment, retaliation, or threats to real estate agents that refuse to follow the rates set by specialised institutions.  

Access Case no. 08700.000284/2022-72.