An opportune question: if the Administrative Council for Economic Defense (CADE) shelves a proceeding concerning violations to the economic order are the involved companies’ problems solved? Answer: not always. The case herein described illustrates the answer. Around 2007 the Administrative Council for Economic Defense (CADE) filed an administrative proceeding against the National Association of Vehicle Carriers (ANTV) and the Autonomous Vehicle Carriers and Small and Micro Vehicle Carrier Companies Union (SINDICAM). However, in 11/03/2016 the Federal Judge of the 6th Court of Porto Alegre, in a public civil action, contemporaneous with the proceeding before CADE, condemned the same companies for the practice of the alleged cartel involving the same facts investigated in the aforementioned administrative proceeding. Obviously this decision will be appealed, thus it cannot be seen as final. Notwithstanding, we have to consider that a decision by CADE to shelve a procedure does not always mean the end of the issue.
2016/04/04
