Brazil: Heineken expected to resume dispute with Ambev at antitrust watchdog

Heineken is expected to ask in the coming weeks that Brazil’s antitrust watchdog CADE reopen an investigation into Ambev for allegedly failing to comply with the agreement signed in 2023 that set limits on exclusivity contracts with bars and restaurants, sources told Valor.

The two companies are fierce competitors in the beer market, and the rivalry has intensified this year, with Ambev’s management under pressure after a sharp drop in sales volume in the second quarter.

According to sources, Heineken hired independent consulting firms to verify whether the rules of the agreement were being violated. Field research was conducted in mid-2023 in São Paulo and Rio de Janeiro, with results submitted to the CADE earlier this year. Now the group is moving forward with a new survey in São Paulo, Rio de Janeiro, and Brasília, which is expected to be delivered to the regulator by the end of this month.

People familiar with the matter said Heineken identified areas where Ambev allegedly exceeded the limits allowed under the agreement. The focus is on busy neighborhoods in São Paulo, such as Vila Olímpia and Pinheiros, as well as Rio’s South Zone.

The investigation against Ambev at the CADE was launched in March 2022 following a complaint by Heineken. The allegation was that Ambev was abusing its dominant position through exclusivity contracts in the so-called cold chain, which include points of sale of chilled beer for immediate consumption, such as bars and restaurants.

A consent decree was signed by Ambev in mid-2023. The company was required to limit the percentage of exclusivity. Rules included caps of 6% of points of sale in each state; 8% in state capitals and cities with more than 1 million inhabitants; and 15% in premium areas of São Paulo, Rio de Janeiro, and Brasília.

The restriction in premium areas is the main target of Heineken, which also signs exclusivity agreements, but on a smaller scale.

Exclusivity contracts are a sensitive issue in competition law and are frequently the subject of corporate disputes. While not prohibited, they often raise questions when used by companies with significant market power.

Among recent cases is iFood, which in 2023 signed a consent decree with the CADE limiting its exclusivity agreements with restaurants. Meanwhile, Wellhub (formerly Gympass, an app for access to gyms) is again under investigation after competitors such as TotalPass (owned by Smartfit) alleged that it abused exclusivity deals with gyms.

Heineken’s move to resume the dispute comes one year ahead of the World Cup, a peak period for the sector. Bars are packed with events for match broadcasts, and sales in bars, restaurants, and parties can represent half of beer companies’ volumes.

In an interview with Folha de S.Paulo newspaper last week, Heineken’s CEO in Brazil, Mauricio Giamellaro, said the group will continue to grow in the country “even if this bothers the competition.”

Ambev remains dominant in bar sales, while Heineken is stronger in supermarkets.

The pandemic helped Heineken gain market share—now 25% of beer sales—as social distancing kept bars closed or with limited clientele and shifted much of alcohol consumption to supermarkets.

At the same time, colder weather, particularly in the South and Southeast, has once again pressured Brazil’s beer sector. Concerns of further volume declines in the third quarter have grown after Brazilian Institute of Geography and Statistics (IBGE) data showed weak alcoholic beverage output in July.

Meanwhile, pricing disputes keep Ambev under scrutiny. Analysts said the brewer’s strategy of moving forward with price markups earlier than rivals contributed to the sharp 8.9% volume drop in the second quarter. This was the steepest decline in the company’s history, except for the first quarter of 2020 during the pandemic.

Ambev said it continues to fully comply with the 2023 agreement with CADE, which is “periodically audited by an independent firm appointed by the regulator,” and stressed that it respects Brazilian law.

In a statement, Heineken said it supports an open and competitive market and criticized exclusivity agreements. “Only with equal rules for all will it be possible to ensure a truly free, competitive market that benefits end consumers,” it said.

The CADE declined to comment.

03 October, 2025