CADE upholds preventive measure against SECIPE

On 5 August, the Administrative Council for Economic Defense (CADE) dismissed the appeal of the Serviço de Cirurgia Pediátrica S/S (SECIPE) and upheld the preventive measure imposed by the Office of the Superintendent General at CADE (SG).

The case was initiated following an investigation into an alleged influence on the adoption of uniform commercial practices among paediatric surgeons affiliated with SECIPE. According to the case records, the association centralised commercial negotiations and adopted practices related to fixing prices of medical fees.

In the appeal, SECIPE claimed a violation of its right to due process and full defence. It also argued that the requirements for upholding the preventive measure were not met, as it does not operate as a vehicle for collective collusion, nor interferes with the individual professional practice of its members.

Commissioner Carlos Jacques, rapporteur of the case, dismissed the appeal stating that the issue relating to the access to the case records was later resolved. He also highlighted that the appellant had been given the opportunity to be heard during the proceedings.

On the merits, the rapporteur found that the requirements that justified the adoption of the preventive measure remained in place. According to the vote, there is indication of influence to the adoption of uniform commercial practices pointing to the centralisation of commercial negotiations involving paediatric surgeons practicing in Campo Grande, in the Brazilian state of Mato Grosso do Sul (MS). 

Mr Jacques also noted that, according to previous findings, SECIPE represents a significant part of the professionals practicing in the city. He further stated that the continuation of the conduct under investigation during the proceedings may cause irreversible harm to competitive dynamics and healthcare consumers.

Thus, the commissioner voted to fully uphold the preventive measure imposed by the SG. It also recommended expanding the market test by sending formal requests for information to hospitals in Campo Grande, to further examine the negotiations carried out with the association.

Access Appeal No.08700.005397/2026-98