Heineken claims Ambev breached antitrust settlement

Heineken has provided three reports from Tendências Consultoria to Brazil’s antitrust agency, Cade, claiming that competitor Ambev has not adhered to a 2023 settlement aimed at limiting the impact of its exclusive supply contracts with bars and restaurants. The reports describe this alleged non-compliance as “systemic.” Ambev has rejected these allegations. Heineken targets Brazil’s premium beer segment with low-calorie label Ambev shares jump as beer volumes defy weak market Cade started examining exclusivity agreements in 2022, following Heineken's complaint that Ambev had too many exclusive contracts, especially in premium areas with many bars and restaurants. As part of the settlement, these restrictions will stay in place until December 2028. Heineken said that since signing the settlement, the agreed-upon exclusivity limits have not been reached and has commissioned independent surveys. So far, none of these surveys have resulted in any changes to the agreement. The settlement's compliance is overseen by a monitoring trustee appointed under the agreement. Tendências Consultoria states that “the convergence of evidence across different markets and over time reinforces the conclusion that the settlement agreement, in its current form, has not been an effective instrument for ensuring adequate competitive conditions in the beer market’s on-premise sales channel,” highlighting ongoing concerns about its effectiveness. Cade declined to comment on the specific case. In a statement to Valor, the regulator explained that the monitoring trustee is an independent agent responsible for overseeing compliance with the settlement obligations. The trustee’s findings and opinions are non-binding, and Cade must evaluate the information to decide if any obligations were violated. The regulator also noted that there is no set deadline for reviewing the trustee’s reports. The research conducted by the consultancy examined both declared exclusivity agreements and locations where field visits revealed only one beer brand available. A total of 1,867 establishments were surveyed. The reports indicated that in 2026, the highest exclusivity rates were in Rio de Janeiro, São Paulo, and Brasília. Leandro Ambiel, legal and compliance director at Heineken Group, said the company will keep a close watch on the case and implement measures to ensure authorities have complete transparency regarding the settlement’s terms and the submitted data, thereby ensuring proper enforcement of the agreement. Ambev expressed regret over what it called another effort by its competitor to deceive both the public and Cade using “completely inaccurate data.” The company said it is in “fully compliance” with the settlement, which is overseen by an independent auditor appointed by the regulator.