September 3, 2025
Brazil’s antitrust tribunal has upheld a conviction previously issued by CADE against rail operator Rumo Logística (formerly ALL – América Latina Logística) for abuse of dominance, recalculating the fine at about USD 4.02 million.
The case stemmed from a 2016 complaint by Agrovia, which alleged that Rumo unjustifiably blocked access to the Santa Adélia rail yard in São Paulo. The yard is considered essential for transporting sugar to the Port of Santos. The tribunal found that Rumo’s conduct restricted competitors’ access to key infrastructure, constituting abuse of its dominant position.
An earlier CADE decision imposing penalties was annulled by the Federal Regional Court of the 1st Region (TRF1), leading to a retrial. In its latest ruling, the tribunal confirmed the infringement but revised the calculation of the fine.
Fine recalculated and settlement terms
Under a settlement proposal presented by Rumo and accepted by CADE president and case rapporteur Gustavo Augusto, the fine was calculated exclusively on revenues from sugar freight transported on the Paulista rail network. This produced a sanction of USD 4.02 million, payable within 30 days of publication in Brazil’s official gazette.
The ruling also allows a 10% discount—reducing the fine to about USD 3.62 million—if Rumo agrees to withdraw ongoing lawsuits and appeals and pays the full amount in a single installment within the same 30-day period.
Conduct remedies maintained
The tribunal also maintained the behavioral obligations imposed in the original ruling. Rumo must refrain from unjustified actions that block or limit access to its rail network and must guarantee objective and non-discriminatory conditions for all parties seeking to contract rail transport services.
In addition, the company is required to publish the decision and its commitment to cease the conduct on its official websites within 15 days, in a format comparable to disclosures of material facts. Non-compliance carries a daily fine of BRL 200,000 (about USD 40,000).
