CADE convicted PST Eletrônica S.A. for anticompetitive conduct due to exclusivity in its contracts with car alarms distributors. PST appealed to courts.
Daniel Rebello (Pinheiro Neto Advogados) then approached Marcio de Oliveira to assess whether a market foreclosure resulted from these exclusivity clauses.
The report was prepared by Marcio de Oliveira, Fernando Meneguin and Luis Esteves, and they concluded for the absence of anticompetitive effects, as the exclusivity clauses did not prevent entries or the growth of competitors. Therefore, the report deemed CADE’s decision as mistaken.
The Judiciary has not ruled on the matter yet.
