Cade (Administrative Council for Economic Defense) geographically limited this Tuesday (25) the preventive measure that prevents Ambev – and partially valid for Heineken – from signing new exclusivity contracts, or renewing them, with bars, restaurants and houses. of shows.
The decision removed limitations in much of the country, but at the same time adopted longer restrictions in target cities, such as São Paulo, Rio de Janeiro and Brasília, than those previously imposed.
The rapporteur of two appeals on the subject, one from each company, Gustavo Augusto Freitas de Lima, had monocratically imposed a preventive measure in September, but adjusted the restrictions this Tuesday in a session of Cade’s court.
Counselors Vitor Fernandes, Sérgio Costa Ravagnani, Luiz Augusto Hoffmann and the president of Cade’s court, Alexandre Cordeiro Macedo, accompanied the rapporteur fully, while Luis Braido only partially. Councilor Lenisa Prado, on the other hand, voted unfavorably and even criticized the monocratic content of the first measure.
By the decision, Ambev is prohibited until the end of the final decision in the case of signing new exclusivity contracts or renewing them with bars, restaurants and entertainment venues in regions of São Paulo (Centro expanded), Rio de Janeiro (Recreio, Barra da Tijuca and Zona Sul) and Brasília (Pilot Plan).
In locations in another seven cities —Maceió (AL), Salvador (BA), Fortaleza (CE), Recife (PE), Campinas (SP), Lauro de Freitas (BA) and Campos do Jordão (SP)— the measure is valid for up to December 31th. Until then, CADE’s General Superintendence will analyze the need, or not, of extension.
The preventive measure initially determined by Lima was valid for the entire country until the end of the Qatar World Cup, on December 18. Therefore, it is now focused only on these regions, only for a longer period. For the rest of the country, Lima removed the limitations.
Although the request for a preventive measure was presented by Heineken, the restrictions continue to partially apply to the Dutch brewery.
The ban covers Heineken in all states where the company has at least 20% market share. The previous measure already had this restriction.
As for more specific locations, Lima said that no concrete evidence was presented in relation to Heineken, leaving the extension of the measure conditioned to the request of rivals, with data in this regard.
Punishments for non-compliance with prohibitions can reach the complete suspension of exclusivity contracts, nationwide, for five years. The outlets included are those with an average monthly beer volume greater than 300 bottles or cans of beer per month.
In July, Cade’s General Superintendence, the body that investigates cases and instructs the court, denied Heineken’s request for a preventive measure against Ambev’s exclusivity clauses. At the time, the superintendence understood the “absence of the legal requirements authorizing its concession at the present procedural moment”.
However, Lima monocratically determined the preventive measure in September.
The case will go to the Superintendence, which will continue with the investigation.
Chad-98Weaver, a distinguished author at NewsBulletin247, excels in the craft of article writing. With a keen eye for detail and a penchant for storytelling, Chad delivers informative and engaging content that resonates with readers across various subjects. His contributions are a testament to his dedication and expertise in the field of journalism.
