Judgments by CADE involving price tables are not new, but the decision in Administrative Proceeding No. 08700.002160/2018-45, against the Union of Independent Transporters of Containers and General Cargo of Itajaí and Region (Sintracon/SC), had an interesting peculiarity worth noting.
In this specific market, since 2018 (following an extensive truck drivers’ strike), the National Land Transport Agency (ANTT) has issued, via ordinances, tables with minimum freight prices. The issuance of these tables is authorized by Law 13,703/2018, which is currently the subject of Direct Actions of Unconstitutionality (ADIs 5,969 and 5,965). However, until the ADIs are ruled on by the Supreme Federal Court (STF), the law remains fully in force.
The judgment clarified that if the Union’s tables—presented as mandatory—had adhered to ANTT’s tables, there would be no competition issue. However, since the Union’s tables exhibited higher prices, Sintracon/SC was condemned for anti-competitive practices.
