CADE upholds conviction of Rumo-ALL for abuse of dominant position

On 3 September, the Administrative Council for Economic Defense (CADE) concluded the rehearing of the administrative proceeding launched after a complaint from Agrovia against Rumo Logística Operadora Multimodal and América Latina Logística.

The investigation started in 2016, after Agrovia submitted a complaint to CADE, which ascertained that Rumo Logística Operadora Multimoda abused its dominant position by restricting the access of competitors to the rail yard of the city of Santa Adélia, in the state of São Paulo.

The council voted for the conviction of the company and established a fine in a previous decision, cancelled by a federal appellate court (TRF1). In the new trial session, the Tribunal of CADE upheld the conviction of the company and recalculated the fine.

Rumo Logística Operadora Multimoda submitted a leniency agreement, which was ratified by Mr Gustavo Augusto, president of CADE and rapporteur of the case, proposing a recalculation of the fine. They requested a calculation solely over the income related to the sugar railroad of São Paulo, amounting to BRL 20.1 million (updated up to August 2025), to be paid in 30 calendar days.

The president highlighted a possible 10% discount over the fine, reducing it to BRL 18.1 million, as long as the company withdraws the lawsuit and any other appeals, in addition to a full payment of the fine within 30 days.

The Tribunal also maintained the obligations imposed in the first decision. The company is forbidden from adopting measures that prevent the entrance or the access to the railroad of the state of São Paulo.

Furthermore, it is to ensure objective and non-discriminatory conditions of access to the railway and rail transport contracts by all interested parties.

Rumo Logística Operadora Multimoda must also disclose the content of the decision and the cease and desist agreement in their official websites, in the same way it releases other relevant information, within 15 days. In case of non-compliance, the company is to pay a daily fine of BRL 200 thousand.

Access Case no. 08700.005778/2016-03.