CADE signs an agreement with Andrade Gutierrez on an investigation of Operation Car Wash

In the hearing of this Wednesday (26 May), the Administrative Council for Economic Defense (CADE) ratified a Cease and Desist Agreement (TCC) with the firm Andrade Gutierrez Engenharia and one individual. The agreement was signed within an administrative enquiry investigating an alleged cartel in the market of construction works for airports infrastructure in government procurements carried out by the Brazilian Airport Management Agency (Infraero).

This TCC has been the first agreement signed in this investigation. Upon the agreement, the signatories are committed to pay a total of BRL 11.6 million as a financial contribution to the Fund for De Facto Joint Rights.

The investigation was launched in June 2019, after a leniency agreement signed with the firm Construtora Norberto Odebrecht and its former employees. Evidence shows that the parties involved in the cartel exchanged competitively sensitive information and coordinated to divide the market through consortia, bid suppression and submission of fake or cover biddings for the procurements carried out by Infraero. The offenses occurred possibly from 2003 through 2007.

During the hearing, the president of CADE, Alexandre Barreto, highlighted that all legal requirements were met for the signing of the agreement, which comprised: parties’ commitment to end the practice and refrain from any investigated conduct; the establishment of fines for eventual non-compliance with the commitments; payment of financial contributions; recognition of the wrongdoings and collaboration with the investigations.