Brazil probes soy traders as Amazon Pact raises cartel worry

FPFF - Wed Aug 20, 8:16AM CDT
By Dayanne Sousa, Clarice Couto and Fabiano Maisonnave

Brazil’s antitrust regulator opened a probe into major soybean traders, saying an agreement focused on preventing deforestation in the Amazon forest raises the possibility of a purchasing cartel in the grain-export market. 

The investigation directed at 30 soybean traders and two industry associations follows increasing pressure from farmers groups against the soybeans moratorium — a public commitment by traders to avoid sourcing soybeans from land deforested in the Amazon after 2008.

Among the traders included in the probe are units of Cargill Inc., Archer-Daniels-Midland Co., Bunge Global SA and other companies that comprise the so-called Soybean Working Group, the agency Cade said on its website Monday. 

The move is a significant environmental risk as Brazil prepares to host the COP30 climate summit in Belém in November. The agricultural powerhouse, whose top product is soybeans, is facing international pressure as farming and cattle breeding are the main causes of deforestation in the country. 

The antitrust body ordered that work on auditing farmers and sharing information on compliance should be suspended, effectively putting the moratorium on hold.

“The suspension of the moratorium is the result of pressure from agribusiness lobby groups that threaten nearly two decades of progress and favor precisely those who profit most from the destruction of the Amazon,” said Cristiane Mazzetti, Greenpeace Brazil’s forest campaign coordinator. 

While the companies say the agreement seeks to protect the rainforest, Cade said it constitutes an “anti-competitive agreement.” Potential fines for the associations targeted could reach up to 2 billion reais ($365 million), according to Cade’s announcement. For the companies, it could be up to 20% of gross revenue from the last fiscal year. 

With group works put on hold, companies are still allowed to proceed with their own checks, said Lisandro Inakake, a manager at consultancy Imaflora who is also part of the soybeans working group.

Cargill didn’t immediately reply to emails seeking comment, while ADM and Bunge directed comments to industry association Abiove, which was also listed in the probe.

Abiove said in a statement the moratorium is a pact that has been “recognized as a public environmental policy by the Federal Attorney General’s Office.” It added it would “collaborate fully and transparently with the competent authorities.” 

Farmers have long disputed the so-called Soy Moratorium because they believe the agreement between traders imposes stricter rules than the country’s own legislation, which allows landowners in the Amazon to grow crops on up to 20% of their land. 

The antitrust process started after requests by Brazil’s Lower House and Senate, the national agriculture confederation known as CNA, and the soybean farmers association of the largest grains producer state Mato Grosso, known as Aprosoja. 

“For years, a private agreement with no legal backing had been imposing unfair trade barriers on producers, especially small and medium-sized ones, preventing the sale of crops grown in regular and licensed areas,” Aprosoja Mato Grosso said in a statement.

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