General Superintendence opens procedure to investigate supposed cartel in the market of electronic instruments for tests and measurements

The General Superintendence of the Administrative Council for Economic Defense – CADE opened, on 8 December 2014, an administrative proceeding (PA 08700.010050/2014-23)  to investigate an alleged cartel in the market of electronic instruments for tests and measurements. This instruments include, for example, power supplies, meters and products of radio frequency, signal and pulse analyzers and generators, and scanners, sensors, among other gadgets.

The investigated companies are Agilent Technologies Inc., Agilent Technologies Brasil Ltda., Datasonic Indústria e Distribuição de Eletrônicos Ltda., D.T.I. Comercio de Artigos de Informática Ltda., Elektrotech Comercial e Industrial Ltda., Farnell Newark Brasil Distribuidora de Produtos Eletrônicos, FLK Instrumentação Eletrônica, Ltda., INCAL Instrumentos, Karimex Componentes Eletrônicos, Keysight Technologies Inc., Keysight Technologies Medição Brasil Ltda., Master Tools Instrumentos Ltda., Nortron Nordeste Eletrônica Ltda. ME, Pares Eletrônica Comercial e Industrial Ltda. EPP, Quart Comercial e Industrial Ltda. and also 20 individuals.

The evidence points that the companies fixed commercial conditions, advantages and abstained of participating in public and private procurements, especially by presenting false proposals to cover their actions. They also shared markets and consumers, existing strong evidences that they promoted the adoption of uniform commercial conduct between competing companies. 

According to the General Superintendence, the current data indicate that anti-competitive practices – that could have possibly occurred between 2002 and 2012 – may have affected several public and private clients, like research institutes, universities, armed forces, governmental telecommunications offices, transport and energy. 

Following the opening of the administrative proceeding, the defendants shall be notified to submit their defense. At the end of the evidentiary stage, the General Superintendence will issue an opinion recommending either the condemnation or the case filing to CADE’s Administrative Tribunal, which is responsible for the final decision.