CADE fines Physiotherapy Council for price-fixing

On 9 April, the Administrative Council for Economic Defense (CADE) found the Brazilian Council for Physiotherapy and Occupational Therapy (COFFITO) guilty of price-fixing physiotherapy and occupational therapy services.

Administrative proceeding was launched by the Office of the Superintendent General at CADE in June 2021, after identifying regulations that could restrict free competition published on the websites of COFFITO and the Regional Council for Physiotherapy and Occupational Therapy of the 15^th Circuit (CREFITO-15).

Violation consisted of the creation and dissemination of resolutions, appellate decisions, and annually updated reference price tables that imposed mandatory minimum fees for services provided by professionals.

Carlos Jacques, rapporteur of the case, stated that the practice is a violation, subject to a rebuttable presumption of illegality, as it directly impacts the competitive dynamics of the sector. According to Mr Jacques, the conduct was the widespread dissemination and replication of the resolutions and price tables.

CADE imposed a fine of BRL 3,1 million, in addition to the removal of all references to the mandatory price tables from the entity's website, subject to a daily fine of BRL 5 thousand. Also, the entity is to publish a public notice on its website and on all active social media platforms.