CADE observes growth in the number of mergers analysed in the first half of 2021

The Administrative Council for Economic Defense (CADE) reported a 20% increase in the number of mergers reviewed in the first half of 2021 compared to the same period for 2020. The average review time of 34.8 days places CADE amongst the fastest competition authorities to review merger cases.

From January to June 2021, CADE analysed 245 mergers. From this total, the Office of the Superintendent General cleared 234 cases and the Tribunal of CADE cleared 11 cases, out of which five were approved subject to the signing of agreements. The number surpasses the 204 cases analysed in 2020 by the authority for the same period. So far, the agency cleared more transactions related to the electric energy sector.

Regarding the number of cases notified to CADE, it increased 33% in the period compared to the previous year. For 2021, 265 transactions were submitted to CADE’s scrutiny, whilst in 2020 notifications totalled 199 transactions.

Investigations

CADE launched 24 investigations in the first half of this year involving anticompetitive conduct, of which 15 regarded cartels, eight unilateral conduct, and one the induction of homogeneous behaviour.

From January to July 2021, the Tribunal of CADE adjudicated 19 administrative proceedings, convicting 13 of these cases. The fines applied to the cases add up to more than BRL 821.6 million. Two of the convicted cases are relevant cartel cases that regard the supply of PVC pipes and fittings, and the acquisition of uniforms and school supplies for the public school system.

During this period, CADE signed eight Cease and Desist Agreements with investigated parties, imposing the end of the conduct and its harmful effects on competition and consumers. The agreements totalled BRL 58.7 million in financial contributions.