CADE signs 5 agreements with Brazilian Dental Councils

On 18 March, the Administrative Council for Economic Defense (CADE) signed 5 new cease and desist agreements with the Regional Dental Councils in the Brazilian states of Amazonas (CRO/AM), Rio de Janeiro (CRO/RJ), Espírito Santo (CRO/ES), Maranhão (CRO/MA) and Amapá (CRO/AP), investigated for alleged interference in dental services free pricing. The Office of the Superintendent General at CADE (SG) proposed the agreements and the Tribunal approved accordingly.

The enquiry was launched in March 2025 when an individual reported that the Federal Dental Council allegedly associated discounts on dental services with a series of disciplinary offences in posts on its website and Instagram profile, which would have been partially or fully reproduced by other 24 councils.

In the same month, a preventive measure by the SG determined the removal of the posts, as well as the suspension of disciplinary proceedings based on discount offered by dental surgeons. During the evidentiary phase, the councils settled in negotiating consensual solutions, which resulted in 15 cease and desist agreements proposals ratified by CADE. Now, 5 more new agreements were signed.

The entities committed to cease the anticompetitive conducts, cooperate with the agency, and ensure freedom in pricing and payment terms. In addition, they are to pay financial contributions for the Fund for de Facto Joint Rights (FDD), as follows: BRL 85 thousand (CRO/AM), BRL 570 thousand (CRO/RJ), BRL 95 thousand (CRO/ES), BRL 60 thousand (CRO/MA), and BRL 50 thousand (CRO/AP).

The measures imposed by the authority include refraining from initiating new disciplinary proceedings, as well as the dismissal of ongoing proceedings related to discounts in dental services, subject to legal exceptions. Moreover, the agreements provide for the adoption of measures to deter the recurrence of the investigated practices.

Access Case no. 08700.008995/2023-76