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General Superintendence investigates abuse of dominant position in the stainless steel market

Por :

8/20/2013 9:00 PM Demarest News

The General Superintendence of the Administrative Council for Economic Defense - CADE opened an investigation regarding trains and subways bid riggings.

The investigation was initiated due to a leniency agreement, which allows a cartel participant to denounce the infringement before the antitrust authorities, cooperating with the investigations in exchange of criminal and administrative immunity.

It is important to mention that both the leniency agreement terms and the lenient company's identity are confidential. 

However, on August 14th, 2013, after a mutual understanding reached by CADE, the Federal Public Prosecution and the State Public Prosecution, the authorities confirmed that Siemens is the beneficiary of the Leniency Agreement, as widely publicized by the media; until the mentioned date, CADE hadn't confirmed the name of the lenient company
Notwithstanding, the access to any other information, and also to case files remain under a confidential treatment. 

On public statements issued during August, CADE affirmed that the access to the files by a third party who is not part in the process would only be possible if granted by a court order.
The investigation was called "Operation Cross-line", and CADE is being assisted by the Federal Police. Search and seizure procedures were performed in 13 companies located in Brasília, Hortolândia, Diadema and São Paulo on July 4th, 2013.

During the case's instruction, CADE aims to elucidate the role of each investigated company and the existence of agreements regarding bids for the acquisition of train wagons and metro lines construction. 

The following bids would have been targeted by the alleged cartel:
• Construction of Line 5 (phase 1) of São Paulo's Metro;
• Bids for the maintenance of the trains of the Series 2000, 3000, and 2100, from the Companhia Paulista de Trens Metropolitanos – CPTM
• Maintenance of the Metro in the Federal District;
• Extension of Line 2 of São Paulo's Metro;

• Project Boa Viagem from CPTM, for repair, modernization and servicing of trains;

• Bids for train wagons purchase by CPTM, systems development, staff training, technical support and complementary services.

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