CADE recommends conviction of fuel retail trade union in Federal District

On 8 May, the Administrative Council for Economic Defense (CADE) recommended both the conviction of Sindicombustíveis-DF, a Brazilian fuel and lubricants retail trade union, and its president.

CADE launched an administrative proceeding to investigate an alleged influence on the adoption of uniform commercial practices in the automotive fuel retail market in the Federal District.

According to the Office of the Superintendent General of CADE (SG), the defendants repeatedly used social media posts, interviews, videos, as well as podcast episodes to spread competitively sensitive information on prices, profit margins, operating costs, transfers, and economic viability limits of the fuel retail business.

The SG concluded that such communications were not limited to the general dissemination of sectorial information, which prevented price reductions for consumers.

The case is notable for the extent and nature of the evidence, since it included more than 200 individual statements from 2022 to 2025, mainly taken from Instagram posts, YouTube videos, and episodes of the podcast “O Dono do Posto”. Some content was reportedly disseminated through both personal and institutional channels, which reinforced the effectiveness of the messages in reaching market players in the sector.

CADE also took into account the context of the fuel market as a sector of high economic and social sensitivity, particularly during periods of high oil prices with significant fluctuations in supply chain costs. In addition, it considered that it is essential to preserve retailers' autonomy in determining their commercial strategies, emphasising that unions may perform legitimate functions of sectoral representation without coordinating, inducing, or influencing the adoption of uniform commercial practices amongst competitors, particularly regarding sensitive factors.

After the discovery phase, the SG will send a report to the Tribunal of CADE, which is to decide whether an antitrust violation has been committed and impose the sanctions provided by Law 12529/2011.

Access Case No. 08700.000899/2021-18