CADE investigates cartel in public tenders for garbage bags

The General Superintendence of the Administrative Council for Economic Defense – CADE opened an Administrative Proceeding on 11 June 2015 to assess an alleged cartel in public tenders for garbage bags (Administrative Proceeding no. 08700.005789/2015-02).

Evidence indicates that 14 companies would have kept frequent communication aiming at fixing prices and settle conditions and advantages in public tenders in order to limit competition and the competitive characteristic of the bids. There are evidences that the conduct would have occurred from 2008 to 2014, affecting several cities in the states of São Paulo, Minas Gerais, Paraná, Mato Grosso and Mato Grosso do Sul.

The list of investigated companies includes: Carlos Ananias Campos de Souza Transportadora - ME, Célia Suely Ferrari Bossoni - ME, Edison Antônio dos Santos - ME, Indústria e Comércio de Produtos de Limpeza Macatuba Ltda. - ME, Jofran Comércio de Produtos para Higienização Ltda., LSV Indústria e Comércio Ltda. EPP, Marco Antônio Boanarotti - ME, Matrix Artefatos Plásticos Ltda. - ME, OkPlast Indústria e Comércio de Embalagens Ltda. - ME, Papa Lix Plásticos e Descartáveis Ltda., Plásticos Santa Clara Ltda. EPP, Sérgio Sorigotti -ME, Trela Comercial de Material de Limpeza e Higiene Ltda. And Visaplas Indústria e Comércio de Embalagens Ltda.

According to the General Superintendence, directors and representatives of the companies would have held meetings and kept frequent contact aiming at monitoring public tenders for garbage bags. There are evidences that after the publication of the call for bids, companies started negotiations among possible participants for each city. Afterwards, companies discussed prices to be offered, including possible prices to match other offers, as well as chose participant and wining companies, deciding how the market would be divided and alternated among them.

The General Superintendence also verified that companies would have defined compensations or monetary retributions for the alleged matched or suppressed bids, market division and previously settled alternating bids.

The case was initiated by documentation sent to CADE by the group specialized on fighting organized crime of the São Paulo’s State Public Prosecutors’ Office - Núcleo Bauru/SP within the Colludium Operation. Through the Colludium Operation, there were carried out phone calls interceptions and dawn raids in the headquarters of several of the investigated companies.

With the opening of the Administrative Proceeding, indicted companies will be notified to present their defenses. At the end of the evidentiary stage, the General Superintendence will issue an opinion on the condemnation or the case filling and will submit the case for trial by CADE’s Tribunal, which is responsible for the final decision.