CADE upholds interim measure on Soy Moratorium

On 30 September, the Administrative Council for Economic Defense (CADE) decided to uphold the interim measure imposed by the Office of the Superintendent General (SG) to the entities that are part of the Soy Working Group and exporting companies signatory of the Soy Moratorium, to come into force on 1 January 2026.

The interim measure determines that the companies are to stop any activities related to the collection, storage, sharing, or dissemination of competitively sensitive information regarding the sale, production, or purchase of soybeans from rural producers and exporters, with a focus on information regarding price, sales volume, and origin of the product, among other measures. This decision was adopted last August, after the launch of a case to investigate alleged anticompetitive conducts in the Brazilian market of production and sale of soybeans, due to a concern that the systematic exchange of sensitive information could affect competition.

The investigation was launched after a complaint filed by the Agriculture, Livestock, Supply, and Rural Development Committee of the Brazilian Chamber of Deputies. The document stated that the signatories of the Soy Moratorium agreed not to purchase soybeans from producers with cultivated areas in deforested regions of the Amazon biome after 2008. The agreement was signed among companies in the sector and applies only to soybeans, without covering other crops.

According to the investigation, competing private companies created the Soy Working Group to monitor the market and facilitate an agreement that would establish conditions for the purchase of the commodity in Brazil. For the SG, such practice is an anticompetitive agreement among competitors, harming soybean exports. Thus, an interim measure was imposed to cease audits and publication of lists and reports to implement the agreement, in addition to the removal of documents related to the Soy Moratorium in websites.

The case was heard by the council of the agency after the entities involved appealed the decision, requesting the stay of the measure. Commissioner Carlos Jacques, rapporteur of the case, voted for the rejection of the appeal and defended the full maintenance of the interim measure. According to him, even when price is not involved, exchange of information such as suppliers and sales volume may hinder competition in the sector and generate long term negative effects.

Commissioner José Levi disagreed with the rapporteur and voted for partially granting the appeal, proposing the suspension of the interim measure until 31 December 2025 to open a period of dialogue between public and private agents.

The council, by majority, recognised the appeals and partially granted the requests, staying the interim measure until the end of 2025, following the vote of Commissioner José Levi.

Access Case no. 08700.005853/2024-38.