CADE signs agreements in case involving the market of bus ticket online sales

On 11 October, the Tribunal of the Administrative Council for Economic Defense (CADE) signed three cease and desist agreements with the firms Bus Serviços Agendamentos, J3 Participações, RJ Participações, and an individual. The Tribunal imposed fines of BRL 1.3 million.

The agreements are related to the administrative enquiry that examined alleged antitrust violations in online bus travel ticket sales channels, also known as digital marketplaces or online travel agencies (OTA).

According to the investigation, there is circumstantial evidence that Bus Serviços, J3 Participações, and the commercial director of RJ Participações, abused of their dominant positions to engage in practices that harm competition. The firms signed restrictive exclusivity agreements with bus companies and OTAs, and established entry barriers for competitors.

The investigation also showed that the conducts derived from direct and indirect business relationships between companies that were colluding to eliminate competitors.

Agreements

Bus Serviços and J3 Participações signed the agreement that breaks their exclusivity to compete with bus companies and OTAs. Besides, the firms commit to communicate customers that the exclusivity clauses on current contracts have no effect.

Bus Serviços and J3 agreed to follow objective, isonomic, and non-discriminatory criteria and grant the contracting OTAs full access to bus tickets inventory, available on ClickBus.

Moreover, the firms are not to have members, shareholders, or managers that own equity interests, hold management positions, or seats on the board of directors of RJ Participações or RJ Consultores. Lastly, parties are to pay BRL 782,046.93.

The agreement signed with RJ Participações obliges the company to follow objective, isonomic, and non-discriminatory criteria in its contracts, based on non-exclusionary practices. J3 also commits to adopt an antitrust compliance programme and establish a technical team for software integration procedures with bus companies and online platforms, with no involvement of the commercial department individuals.

Among other obligations, J3 is to pay over BRL 532,296.00, as a financial contribution. The firm is not to have members, shareholders, or managers on RJ Participações or RJ Consultores that hold management positions or a seat on the board of directors of Bus Serviços/J3 Participações.

Having signed the third agreement, the commercial director of J3 Participações resigned as commissioner of Bus Serviços and undertook the commitment to notify CADE in case of stock or equity interest in Bus Serviços. Additionally, the firms are to pay BRL 53,229.60, as a financial contribution.

Access case nº. 08700.004318/2018-11.