The Heineken Group went to Cade (Administrative Council for Economic Defense) this week against Ambev, owner of the Skol and Brahma brands, accusing the competitor of adopting anti-competitive conduct.
The brewery says that the competition maintains abusive practices of exclusivity agreements. It also states that it wants to end this type of contract in the sector, a model that Heineken itself also claims to practice.
“Although they are legalized in certain situations and practiced on a smaller scale by the Heineken Group, [os acordos] invariably benefit the company that maintains a dominant position, creating barriers to entry and growth for small and large breweries”, says the company in a statement.
Heineken says that Cade signed a term with Ambev, in 2015, when the company committed to not exceed by 8% the share of points of sale with exclusive contracts, but the document expired in 2020.
Among the requests presented this week, Heineken wants a preventive measure to be granted and the competitor to be prevented from adopting exclusivity clauses for the sale or exhibition of its products.
Sought by the Panel SA, Ambev says that its market practices are regular and respect the Brazilian competition legislation.
The company states that, in 2020, CADE attested that the conduct adjustment term agreed in 2015 was fully complied with. “Even without having the obligation, we continue to monitor the same indicators in all regions of the country and they follow within the previously agreed”, says Ambev.
Joana Cunha with Andressa Motter and Ana Paula Branco
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