Brazilian CADE Consults on Guide for Assessing Price-Setting Practices

Brasília, October 10, 2025 – Brazil’s Administrative Council for Economic Defense (CADE) has launched a public consultation on a draft guide addressing uniform commercial conduct influenced by price tables and similar instruments. The proposed Guide for the Analysis of Price-Setting Practices seeks to provide greater clarity and consistency in assessing practices that may affect market pricing dynamics.

CADE noted that reference price tables can distort market functioning by reducing pricing freedom, potentially leading to higher consumer prices and discouraging innovation, investment, and quality improvements.

The guide was developed by CADE’s Working Group on Price Tables, established in 2024 within the agency’s General Superintendence, with input from the Office of the Federal Attorney at CADE and external consultants supported by the UN Development Programme (UNDP).

In preparing the draft, the working group examined more than a hundred investigations involving price tables across sectors such as real estate, ports, and healthcare, and drew from international guidelines, academic studies, and case law from multiple jurisdictions.

According to CADE, issuing analytical guides aligns with international best practices in transparency and legal predictability and supports the agency’s 2025–2028 Strategic Plan goal of strengthening competition policy frameworks. The draft guide consolidates case precedents, examples, and analytical methodologies related to price-setting practices, outlining potential enforcement approaches and sanctions.

Public contributions will be reviewed and incorporated into the final version of the guide once the consultation closes.

Stakeholders, academics, and professionals have until November 11, 2025, to submit comments, suggestions, and criticisms through the federal government’s Participa + Brasil platform.

Source: https://www.gov.br/cade/pt-br/assuntos/noticias/cade-abre-consulta-publica-para-a-criacao-do-guia-de-analise-de-tabelamento-de-precos

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