CADE, the Brazilian antitrust commission, entered an administrative consent order with Whirlpool and its executives regarding the on-going investigation of alleged cartelization among producers of hermetic compressors for refrigeration.

The company agreed to cease the conducts under investigation, pay 100 million reais (approximately USD 56.5 million) in fines, and not challenge the raids conducted by SDE (the Secretariat of Economic Law) in court. Whirlpool also admitted the occurrence of "contacts between its employees and competitors' employees in which there was exchange of commercial information, including information related to prices and price increases concerning the Brazilian market".

CADE will stay the administrative process against Whirlpool and its executives and terminate it after it verifies that the company has fulfilled its obligations. 

Last February, SDE raided several producers of compressors for refrigeration in the states of Sao Paulo and Santa Catarina in a coordinated operation with the DOJ and the DG Comp. According to SDE, the targets have allegedly fixed prices and shared sensitive commercial information through emails, phone calls, and meetings in hotels and restaurants. The investigations were triggered by a leniency agreement.

Lanna Peixoto Advogados (LP) - Antitrust Practice Group

For further information, please contact Bruno Peixoto at bpeixoto@lpglobal.com.br or +55 11 5185-2848