The Administrative Council for Economic Defense (CADE), through its Office of the Superintendent General (SG/CADE), has convicted the Brazilian Council of Architecture and Urban Planning (CAU/BR) for antitrust violations in the Brazilian architectural services market.
This conviction follows an investigation initiated by a complaint submitted to the Clique-Denúncia platform, which raised concerns about price fixing in architecture and urban planning services.
Findings and Violations
Although CAU/BR has legal authorization to approve and publish fee schedules, the investigation revealed that the institution exceeded the limits of its mandate. In addition to publishing fee schedules, CAU/BR actively participated in their standardization and incorporated these schedules into its Code of Ethics. Furthermore, punitive measures for non-compliance were imposed, despite the absence of legal provisions supporting such actions.
The SG/CADE determined that these actions constituted an antitrust violation and recommended imposing a fine on CAU/BR. The case has now been referred to CADE’s Tribunal, where it will be assigned to a Rapporteur for a final decision.
The Role of Clique-Denúncia in Antitrust Enforcement
The Clique-Denúncia platform plays a crucial role in promoting fair competition by enabling individuals and companies to report antitrust violations. These violations include cartel formations, market manipulation, territorial restrictions, and tied selling. Additionally, the platform allows for reporting mergers and acquisitions that were not properly notified to CADE and possible non-compliance with the Merger Control Agreement.
CADE’s Debt Collection Programme Yields Significant Results
In addition to its regulatory enforcement activities, CADE has played a vital role in the government’s debt collection efforts. Under the Desenrola Autarquias programme, the agency successfully recovered over BRL 1.4 billion, accounting for 60% of the total collected under the initiative.
This programme, launched by the Brazilian government to facilitate debt repayment to federal agencies, has seen strong participation from companies and individuals seeking to regularize their outstanding obligations. Notable transactions include:
- Votorantim Cimentos: BRL 1.09 billion
- Gerdau: BRL 256.1 million
- ArcelorMittal Brasil: BRL 104.5 million
These recoveries contribute to the Fund for De Facto Joint Rights (FDD) and demonstrate the effectiveness of CADE’s enforcement and regulatory oversight.
