CADE penalizes a cartel in the market of building maintenance services on the amount of BRL 10.6 million

In the hearing of this Wednesday (26 May), the Administrative Council for Economic Defense penalized two firms and four individuals for a cartel in the market of building maintenance services. Fines applied sum BRL 10.6 million.

The administrative proceeding originated from another investigation following the signing of a leniency agreement. The Tribunal of CADE convicted the case in August 2017.

According to the vote of commissioner Luiz Hoffmann, which was followed by the majority of the votes, the cartel comprised the exchange of competitively sensitive information and a market division scheme among competitors. The parties involved in the case agreed on prices proposed for both private contracts and public procurements, in addition to simulate competition by submitting fake or cover biddings to the procurements.

The main evidence of the offenses are documents gathered in a search and seizure operation resulted from the leniency agreement signed in the original proceeding (08012.006130/2006-22), besides the Cease and Desist Agreements signed and other enquiries carried out as part of the case at issue.

The firms convicted were Hersa Engenharia e Serviços and Vivante (whose current name is Dalkia Brasil S.A.). Their respective fines totaled BRL 465,132.77 and BRL 9,572,527.01. Furthermore, four individuals were convicted to pay fines that sum BRL 580,000.00.

Access the Administrative Proceeding no. 08012.005024/2011-99