CADE fines union of artists of São Paulo for breaching interim measure

The union is to pay more than BRL 1.7 million in fines

Published in Apr 28, 2023 05:03 PM Updated in Jun 15, 2023 11:51 AM

On 12 April, the Administrative Council for Economic Defense (CADE) fined Sated, a union of artists and technicians in the entertainment industry of the state of São Paulo, for failing to comply with an interim measure. The authority had determined that the entity should cease to create and publish tables with minimum rates of pay bargained in collective agreements. The tables referred to dubbing professionals of the state.

It is the first fine CADE imposes for noncompliance with interim measures. The union is to pay BRL 1,780,000, the sum of multiple daily fines of BRL 5,000.

According to Commissioner Luiz Hoffmann, rapporteur of the case, when the administrative proceeding was brought, the Office of the Superintendent-General also imposed an interim measure to self-employed dubbers and dubbing studios, binding the union to obligations outlined in the decision.

The Office of the Superintendent-General, CADE’s investigative arm, determined that the respondent should cease the illegal creation of tables, collective agreements, or collective labour disputes that set a given compensation or payment to self-employed workers, specifically dubbers and dubbing directors. In addition, the Office of the Superintendent-General established that the entity should cease to require, disseminate, or publish rates of pay for the services of dubbing, dubbing direction, and others that appear in the collective agreements signed with dubbing studios.

However, Sated did not comply with the second part of the measure since it maintained publicly available on its website documents related to the rates of pay for dubbing professionals, even after the obligation imposed by CADE was in effect. For this reason, the Office of the Superintendent-General declared the interim measure had been breached and recommended the issuance of a notice of violation.

The Tribunal of CADE unanimously approved the recommendation and sentenced Sated to pay the fine.

Access Case no. 08700.000888/2023-08.