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Brazil's "soy Moratorium" site is offline following antitrust ruling

The Brazilian antitrust authority suspended the "soy moratorium" on Tuesday, a private agreement enforced globally by grain traders to protect Amazon rainforests from deforestation caused by soy.

This is in response to the set of measures implemented by the agency Monday, which included launching a full-blown investigation into 30 traders and groups for alleged practices anti-competitive.

The soy ban, which has been hailed for years as one of most successful initiatives in protecting the Amazon rainforests, prohibits soybean traders from purchasing from farmers that cleared land after July 2008. The CADE General Superintendent regulator ruled, however, that the soy moratorium could be a violation of Brazilian competition laws.

After a preliminary investigation, Superintendent Alexandre Barreto de Souza issued an order to the firms that they suspend the agreement or pay fines. The request was made by the Agriculture Committee of the lower house of Congress of Brazil in August 2024.

Farmers, who backed a majority of the lawmakers in the panel, called the suspension of the moratorium a historic win.

According to Mauricio Bufon, the president of Aprosoja Brasil, soy farmers are not expected clear large areas of forest, as this crop is advancing over pastureland. He added that the suspension of the initiative changes market dynamics.

He said that to circumvent the moratorium farmers would use an intermediary and accept less money for soy. Buffon said that the farmers will no longer require a middleman.

The majority of Brazil's soybeans is sold to China. However, European nations like Spain, Italy, and Britain also buy it.

TRADERS IN BIND

In recent months, pressure to end the moratorium has increased on many fronts.

Three cases are being heard by the Supreme Court about whether states that grow soy can refuse to give tax incentives to those who sign this agreement. Next Friday, the Supreme Court will decide whether or not to uphold an injunction which confirmed that one state, Mato Grosso can refuse to give such incentives beginning in 2026.

People familiar with the thoughts of Anec and Abiove, two trade groups, said they would appeal against the suspension of the agreement at CADE's Tribunal, composed of six commissioners including the president. CADE stated that they have five days in which to appeal, and the tribunal 48 hours to assign an assigned reporting commissioner.

CADE could take several years to complete the investigation and render a final opinion regarding the legality of the moratorium.

If the soy exporters' trade groups are found guilty of violating the competition law, they could face fines up to 2 billion Reis ($365.60 millions). The fines for traders can be as high as 20% of their gross revenue from the fiscal year prior to the investigation.

(source: Reuters)