The CNMC had opened a file on our client due to alleged price-fixing agreements between the largest companies in the sector.

The CNMC had compiled extensive documentation that proved the holding of price agreement meetings.

We conducted an exhaustive analysis of the situation, studying the price fixing, the manner in which discounts were applied, the structure of the competition, and, lastly, the importance of our client’s business, allegedly under cartel.

We explained that the gross price fixing had little to do with the price ultimately paid by the client. In fact, price negotiation actually occurred in the discount given on the list price. We studied the dispersion of final prices and discovered that it was very high, which pointed to a market in which competition was functioning.

Finally, we studied the competition to discover that the different producers differed in terms of size and market presence, ranging from local companies to multinationals.

martinsdelima presented the report to the President, the chief economist, and the Legal Director of the CNMC. In response to the CNMC’s feedback, we had to write an additional expert report.