Brasília, December 19, 2025 — Brazil’s CADE has approved a settlement with GPBR Participações, the operator of the Wellhub digital fitness platform, formerly known as Gympass, restricting the use of exclusivity clauses with partner gyms.
The agreement was cleared on December 18 under an administrative inquiry examining alleged anticompetitive conduct linked to exclusivity and most-favoured-nation (MFN) clauses in the market for digital gym aggregation platforms.
The investigation originated from complaints filed in September 2020 by rival platform TotalPass, followed by a similar submission from Yoooup, alleging that Wellhub abused a dominant position by imposing contractual restrictions that could foreclose the market and raise barriers for competing platforms. According to CADE’s investigative arm, such clauses risked limiting gyms’ freedom to contract and weakening competitive pressure in the sector.
Background and Interim Measures
During the probe, CADE imposed interim measures barring Wellhub from entering into new exclusive contracts, requiring the removal of MFN and “quarantine” clauses, and obliging the company to notify partner gyms of revised contractual terms. These steps were designed to contain potential competitive harm while the authority assessed the merits of the case.
In 2022, CADE had already approved a first settlement with Gympass, allowing limited exclusivity only where efficiencies could be demonstrated and capping exclusive arrangements at 20 percent of gyms per municipality or zone. That agreement also prohibited exclusivity in corporate client contracts and included daily penalties for non-compliance.
Stricter Commitments
Under the newly approved settlement, Wellhub agreed to further reduce both the percentage and absolute number of gyms subject to exclusivity obligations. The commitments also prohibit conduct that could amount to de facto exclusivity, including discriminatory treatment or economic inducements lacking competitive justification.
The agreement introduces streamlined monitoring mechanisms and requires Wellhub to implement a communication plan aimed at reinforcing gyms’ freedom to partner with rival platforms.
Source: https://www.gov.br/cade/pt-br/assuntos/noticias/cade-homologa-novo-tcc-com-wellhub-gympass
