Shell Group: Berger Montague Investigates Antitrust Dispute

PHILADELPHIA, January 4, 2022 – Berger Montague is counseling Brazilian fuel distribution company Gran Petro in an antitrust dispute against the Shell Group in the Netherlands due to antitrust violations that have negatively impacted the fuel distribution market for the last several years.

Together with Dutch lead-counsel BarentsKrans, a writ of summons has been served on the Shell Group entities to answer before the Dutch courts for the alleged antitrust violations that took place during the last years at the Guarulhos Airport and negatively impacted Gran Petro’s operation.

Guarulhos Airport, the largest in Brazil, has infrastructure for fuel distribution that is being used exclusively by a pool of companies named the CCAIG, led by the Shell Group. According to the rules enforced by ANAC, the Brazilian Aviation Agency, and ANP, the National Petroleum Agency, supplying aviation fuel is an ancillary service to air transportation and is deemed by law as an essential activity of public utility, and these services are provided through a concession agreement.

This agreement provides that access must be granted to any third party that complies with current regulations and discriminatory practices are prohibited. ANAC has concluded that violations took place within the context of the Guarulhos Airport and Gran Petro has been successful in a lawsuit before the Brazilian courts that granted the company access to the airport.

CADE, the Brazilian Antitrust Authority, through its investigative branch (SG), has released an opinion that recommended the defendants Raizen Combustíveis S.A (part of the Shell Group), AirBP Brasil Ltda, BR Distribuidora S.A, and GRU Airport – Concessionária do Aeroporto Internacional de Guarulhos S.A. to be found in violation of antitrust laws due to the imposition of artificial barriers to entry into the Guarulhos International Airport Fuel Center.

These conducts have affected the fuel distribution market and negatively impacted parties that rely on aviation fuel distribution directly or indirectly as part of the economic chain. As such, Berger Montague leads an investigation to determine the full range of the economic impact and provides support for the affected parties.

If you would like to discuss Berger Montague’s investigation or have questions concerning your rights or interests, please contact attorneys Eric Moura at [email protected] or +55 11 99960-9938, or Michael Dell’Angelo at [email protected] or (215) 875-3080.

Berger Montague, with offices in Philadelphia, Minneapolis, Washington, D.C., and San Diego, has been a pioneer in securities class action litigation since its founding in 1970. Berger Montague has represented individual and institutional investors for over five decades and serves as lead counsel in courts throughout the United States.

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Michael Dell’Angelo

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