CADE launches investigation into Brazilian forklift market

The Office of the Superintendent General of CADE (SG/CADE) launched an investigation into alleged antitrust violations within the Brazilian forklift market and its associated labour market.

The alleged horizontal agreement involves 11 companies, along with current and former managers, and includes the disclosure of commercially sensitive information, cover bidding, trade shows advertising restrictions, and no-poach agreements.

Upon launching the administrative proceeding, CADE will summon the defendants to file their answers. After the discovery phase, the Office of the Superintendent General either finds the defendants guilty or dismisses the case before submitting it to the Tribunal of CADE for a final decision.

If convicted, companies are subject to fines between 0.1% to 20% of their turnover, and additional penalties. Individuals are subject to fines ranging from BRL 50 thousand to BRL 2 billion, while managers may be liable for 1% to 20% of corporate fines. Once CADE declares that the conditions of the leniency agreement have been fulfilled, the signatories receive total immunity from fines and other penalties.

The Leniency Agreement no. 01/2022 provided the evidence. This is the 107th agreement that CADE signed in the Brazilian Competition Defense System.

Access case no.08700.007061/2024-06.