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Brazil's Competition Authority allows the soy moratorium indefinitely pending a year-end ruling

The Brazilian competition watchdog approved on Tuesday that the country's soy ban will continue through at least the end of this year.

CADE's 5-1 vote marked a dramatic change after its reporting councilor in the case voted against the appeal of soybean traders and processors.

The private pact, which has been in place for two decades, aims to protect the Amazonian rainforest by prohibiting soybean traders from purchasing from farmers who have cleared land after July 2008. However, it could be a violation of Brazilian competition laws.

Back and Forth

CADE's Superintendent ordered the agreement to be suspended in August. He argued that it was a cartel and gave signatory companies unfair advantages over farmers.

On appeal by trading companies, the federal judge halted this order pending an in-depth review by CADE.

The superintendent made the decision on Tuesday, but councilor Carlos Jacques Gomes backed it up. He cited competition concerns and raised concerns over the pact’s potential to increase trading companies' bargaining power when buying soybeans from farmers.

TIME FOR DIALOGUE

Gomes was followed immediately by councilor Jose Levi Mello do Amaral Junior who granted the trading company's appeal in part, ordering that the suspension of the agreement be delayed until December 31.

Amaral junior, joined by his colleagues, said that freezing the suspension would give traders and processors the time they need to speak with soybean producers who claim the moratorium is a cartel.

The Council President Gustavo Augusto Freitas de Lima granted Amaral Jr. more time to make a decision, but disagreed with him on other issues.

REACTIONS OF THE INDUSTRY

Abiove, an industry group that represents soybean traders and processors, and was involved in this lawsuit, stated that the new deadline would allow more time to find a solution.

In a press release, it stated that "Abiove continues to monitor the developments at CADE" and is available to work with relevant authorities in order to promote legal predictability and regulatory certainty in the sector. (Reporting and editing by Gabriel Araujo, Leslie Adler and Roberto Samora)

(source: Reuters)