In 2017, Hapag-Lloyd Aktiengesellschaft, Nippon Yusen Kaisha Line e MSC-Mediterranean Shipping Company S.A. filed a Vessel Sharing Agreement (VSA) before the Brazilian competition authority.
CADE challenged the requesting parties about possible coordinated effects and the efficiencies brought by the VSA.
Marcos Paulo Verissimo (Machado Meyer Advogados) then approached Marcio de Oliveira to prepare a report about the VSA efficiencies, which were estimated on based on a counterfactual analysis. The counterfactual analysis confirmed that the VSA allowed the merging parties to achieve efficiencies without harming the marketplace.
The VSA was cleared without restrictions by CADE.