CADE signs six agreements in cartel investigations

The Administrative Council for Economic Defense - CADE approved, signed on 11 February 2015, six Cease and Desist Agreements (TCC for its acronym in Portuguese) in cartel investigations. In total, BRL 53.1 million will be collected to the Fund for the Defence of Diffused Rights – FDD for its acronym in Portuguese.

By the agreements, the parties admitted their own participation in the investigated conducts, committed to stop the practice and to work with the antitrust agency in elucidating the facts.

The settlements were negotiated within CADE’s General Superintendence, responsible for opening and analyzing the administrative proceedings. These proceedings will be suspended in regards to the signing parties until the commitments made are fulfilled.

Administrative proceedings no. 08012.002414/2009-92 and 08012.010338/2009-99 – four TCCs were signed in within these two proceedings that investigate a cartel in the markets of tubes for colored image for television (CPT) and tubes for colored displays for computer monitors (CDT). The companies LG Electronics, Inc. and LG Electronics do Brasil Ltda. signed two agreements with Cade in which they commit to collect BRL 17 million as pecuniary contribution. Two other settlements were signed with the companies Koninklijke Philips NV, Philips do Brasil Ltda., LP Displays International BV (controller of LP Displays Amazônia Ltda.), LP Displays International Limited, and other five individuals, which should collect a total of BRL 24.3 million to the FDD.

Administrative proceeding no. 08012.001183/2009-08 – CADE signed a TCC with Ceva Logistics Holding BV, CEVA Logistics Ltd., and another individual in a cartel investigation in the market for the provision of air and sea international transport services from and to Brazil. The amount collected is approximately BRL 9.7 million.

In 2014, CADE signed two other agreements in the same proceeding. The first was settled with companies Expeditors International of Washington, Inc., Expeditors International do Brasil Ltda. and an individual, who committed to collect a pecuniary contribution of approximately BRL 7.5 million. The second agreement was signed with Panalpina Ltda., Panalpina World Transport Ltd., and two individuals and foresees the collection of BRL 7.4 million in total.

The cartel began to be investigated from the signature of a leniency agreement.

Administrative proceeding no. 08012.005255/2010-11 – CADE signed an agreement with Samsung Semiconductor Inc., Samsung Electronics Co., Ltd. and six individuals in an international cartel investigation in the market of dynamic random access memory (DRAM). By the TCC, the parties will collect BRL 2 million in total.

Last year, CADE signed another TCC in the same proceeding. The company Infineon AG Techonologies and four individuals also admitted participation in the collusion, committed to stop the practice and to collect about BRL 703,000 as a pecuniary contribution.