September 3, 2025
Brazil’s antitrust authority CADE has approved three settlement agreements with medical cooperatives in Bahia accused of anti-competitive practices, requiring them to pay more than BRL 3 million (about USD 600,000), implement compliance programs, and halt the conduct under investigation.
The case began in 2019 following a complaint from Central Nacional Unimed (CNU) to the Bahia state prosecutor’s office, later forwarded to CADE. The investigation alleged that cooperatives of oncological, cardiovascular and thoracic, and head and neck surgeons coordinated practices such as collective price-fixing, boycotts of health plan operators, and restrictions on individual physicians’ ability to negotiate.
In February 2025, CADE president Gustavo Augusto, acting as rapporteur, opened a conciliation period. The three cooperatives—Cooperonco, Cardiotórax, and CCP—expressed interest in settlements the following month.
Commitments under the agreements
By signing the so-called cease-and-desist commitments (Termos de Compromisso de Cessação, or TCCs), the cooperatives acknowledged participation in the conduct and agreed to:
- End anti-competitive practices such as price tables, collective boycotts, and mass contract withdrawals.
- Adopt compliance measures, including training, a best-practices manual, and a whistleblowing channel.
- Pay financial contributions exceeding BRL 3 million (approx. USD 600,000) to Brazil’s Fund for the Defense of Diffuse Rights (FDD).
CADE’s view
According to Augusto, the approval of the settlements demonstrates CADE’s commitment to promoting competition while using consensual solutions in the public interest. The authority emphasized that non-compliance could trigger the reopening of the original case and lead to additional fines.
The decision adds to a series of recent actions in which CADE has relied on settlement tools to address anti-competitive behavior while encouraging compliance and reducing litigation costs.
