CADE signs four agreements after investigation in Health Sector

On 17 September, the Administrative Council for Economic Defense (CADE) cleared four cease and desist agreements concerning anticompetitive conducts in the market of urological medical services. The investigation covered the Brazilian states of Alagoas, Espírito Santo, Maranhão, Minas Gerais, and Rio Grande do Norte, as well as entities operating nationally. The practices included price fixing, mass discrediting of professionals, boycotts of health plans, and influence on unilateral conduct.

The investigation started in 2015, based on a complaint filed by the Office of the Public Defender of the State of Maranhão. In 2019, the Office of the Superintendent General at CADE launched an administrative proceeding to investigate allegations of influence on unilateral conduct and abuse of dominant position that took place from 2010 to 2015. 

In March 2025, Commissioner Victor Fernandes, rapporteur of the case, established a time limit for those under investigation to submit their final proposal for a cease and desist agreement. The agreement is provided by Law 12529/2011, and allows investigations against the signatories to be halt, as long as they comply with the terms of the referred agreement and pay financial contributions to the Fund for the De Facto Joint Rights (FDD). 

According to the rapporteur, the commitments made by the parties are proportionate, preventing further violations in the market analysed, and in accordance with the agency's case law and current legislation. “The agreements signed are appropriate for mitigating competitive risks and preserving free competition in said supplementary healthcare sector, under the Law 12529/2011 and CADE's Statutes", emphasised Mr Fernandes. 

After the clearance, the parties agreed to cease the conduct under investigation, adopt measures to prevent further violations, and cooperate with CADE. The financial contribution to the FDD amounts to over BRL 600 thousand, divided between two individuals and three companies: Instituto de Urologia do Maranhão (UROMAR), Centro Urológico do Maranhão (UROCENTRO), and Uroclínica Ltda.