CADE fines Continental for unilateral practices

On August 18, the Brazilian Antitrust Agency has ruled in an investigation launched by the SDE in 2005 against Continental do Brasil Indústria Automotiva Ltda. (which has succeeded Siemens VDO Automotive Ltda.), after a complaint was filed Seva Engenharia Eletrônica S.A.

CADE has considered that Continental implemented a number of actions along Brazilian Courts and regulatory authorities with the purpose of imposing artificial barriers to entry for other competitors into the market for tachographs. The reporting commissioner was Mr. Fernando Furlan, who voted for the imposition of a fine to Continental equivalent of 1% of the company's turnover in 2004; Mr. Furlan was followed by commissioners Carvalho, Ragazzo and Ruiz.

CADE´s President Arthur Badin dissented, and voted for the shelving of the investigation, considering that the standard of proof has not been met in this case. Mr. Badin was followed by commissioners Chinaglia and Mattos.

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