CADE launches public consultation on Guide for Price-Fixing Analysis

On 10 October, the Administrative Council for Economic Defense (CADE) launched a public consultation to create the Guide for Price-Fixing Analysis.

The Guide is a result of the work of the Price-Fixing Working Group, an initiative from the Office of the Superintendent General at CADE (SG), established in 2024. Civil servants working in the agency, as well as the Office of the Attorney General at CADE participated on the development of the draft, which was also supported by the United Nations Development Programme (UNDP) for the hiring of external consultancy.

During the elaboration of the draft, the Working Group identified more than a hundred investigations involving price-fixing in sectors such as real estate, ports, health services, among others. In addition, the creation of the document involved consulting guides, academic works, as well as case law in different jurisdictions around the world.

The practice of price-fixing can raise a number of competition concerns, affecting the freedom to set prices, and often resulting in consumers paying much more than they would under free competition. Furthermore, this antitrust violation may discourage innovation, investments, in addition to improvements of products and service quality.

Legal certainty and predictability

The development of Guides by competition authorities is in line with the best international practices for transparency, legal certainty, and competition advocacy, integrating the priority given by the 2025-2028 Strategic Plan to strengthen competition guidelines.

The Guide for Price-Fixing Analysis is important for economic agents, public administration, and consumers to make informed decisions that are compatible with healthy markets, strengthening the fight against anticompetitive conducts.

Additionally, the draft includes precedents, examples, and other relevant data on the subject, addressing its concept, analysis methodology, and related sanctions.

Participate!

Contributions will be analysed and used to improve the final version.

The draft is available for public consultation until 11 November 2025 via the Participa + Brasil platform.

Click here to submit your contribution.