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Brazil: Federal Courts decide that CADE can’t interfere with Terminal Handling Charges

 |  January 4, 2016

The Brazilian Antitrust Authority, CADE applied a fine to two port operator companies operating at the Port of Santos, arguing that the collection for services of segregation and delivery of containers, known by the acronym THC-2 (Terminal Handling Charge) in relation to the Customs Bonded Dockside Terminals (TRAs) at the Port of Santos is anticompetitive.

Discontented with the fine imposed, both companies filed an action challenging said collection. An appeal was filed against the first instance decision, which had confirmed the antitrust authority’s  decision, tried by the 4th Panel of the Regional Federal Appellate Court of the 3rd Region.

The Justices who decided the appeal resolved to annul the antitrust authority´s decision, warding off the fine applied to the port operators.

Full content: Mondaq

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