Brazil’s antitrust authority has recommended the conviction of Sindicombustíveis/DF and its president over allegations that public communications by the fuel retailers’ union encouraged coordinated pricing behavior in the Federal District’s fuel retail market.
The recommendation, issued Friday by the General Superintendence of Administrative Council for Economic Defense, or Cade, follows a yearslong investigation into alleged attempts to influence uniform commercial conduct among competing gasoline stations in Brasília and surrounding areas.
According to Cade staff, the union and its president repeatedly shared competitively sensitive information through social media posts, interviews, YouTube videos and podcast episodes that discussed fuel prices, profit margins, operating costs and the economic viability of fuel retailing.
The investigation centered on more than 200 public communications published between 2022 and 2025, many of them disseminated through Instagram, YouTube and the podcast “O Dono do Posto.”
Cade’s General Superintendence concluded that the communications went beyond general industry commentary and could have functioned as coordination signals among competing fuel retailers, potentially discouraging price reductions for consumers.
“The set of messages could serve as a signal of coordination among competing gas stations,” the authority said in its decision.
Investigators also noted that some of the content was distributed through both personal and institutional channels, which regulators said increased the likelihood that the messages would reach market participants across the sector.
The case highlights growing scrutiny by antitrust regulators of public statements and digital communications that may facilitate coordination between competitors without explicit agreements.
Cade emphasized that trade associations and unions can legitimately represent sector interests, but said such organizations cannot coordinate or influence uniform commercial behavior among rivals, particularly when discussions involve sensitive variables such as pricing, margins and costs.
The watchdog also pointed to the strategic importance of Brazil’s fuel sector, describing it as a market with high economic and social sensitivity, especially during periods of oil price volatility and cost fluctuations throughout the supply chain.
“With the conclusion of the investigation, the General Superintendence forwarded the case to Cade’s Administrative Tribunal,” the agency said. The tribunal will now determine whether the conduct violated Brazil’s competition laws and whether penalties should be imposed.
The case is being reviewed under Brazil’s Competition Law, Law No. 12,529/2011.
