E-Malt.com News article: Brazil: Dispute between Heineken and Ambev gains new momentum

The dispute between Heineken and Ambev at the Administrative Council for Economic Defense (CADE) regarding the market leader’s exclusivity contracts with bars has gained new momentum. On November 26, Heineken submitted new evidence to the authority accusing its competitor of violating the 15% exclusivity ceiling in central areas, Valor International reported.

According to the study, made public on the CADE’s website, one of the most critical areas is Leblon, in Rio de Janeiro, where exclusivity reportedly exceeded 60%. Ambev denies any irregularities and says it is complying with the agreement reached with the CADE.

Competition between the two giants has intensified, particularly in the premium segment. Moreover, next year is expected to be a strong one for beer consumption, with more favorable weather and an additional boost from the World Cup, which typically fills bars across the country.

The investigation into 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 agreements in “cold channels,” which are points of sale offering cold beer for immediate consumption, such as bars and restaurants.

A Cease-and-Desist Commitment (TCC) was signed by Ambev at the end of 2023. The company was required to limit exclusivity levels. Among the rules are caps of 6% of points of sale in each state and 15% of points of sale in high-end areas of São Paulo Rio de Janeiro, and Brasília.

Heineken also maintains some exclusivity agreements, but to a much lesser extent. As such, the TCC applies only to Ambev. This is the third study conducted by Heineken and submitted to the CADE since the TCC was signed. The latest survey covers data collected from 3,400 points of sale in São Paulo, Rio de Janeiro, and Brasília. The fieldwork was carried out by ONZEX, and the data analyzed by Tendências Consultoria.

Heineken does not have access to its competitor’s exclusive contracts with bars. Therefore, the study sought to identify potential exclusivity agreements by analyzing menus. A menu listing only Ambev products and no beers from competing breweries was treated as evidence of such exclusivity.

One focal point for the company is Leblon. According to Heineken, the percentage of bars with exclusive Ambev menus rose from 49% in 2024 to 61% this year. In São Paulo, neighborhoods such as Vila Madalena and Itaim Bibi reportedly show more than 40% of establishments with exclusive Ambev menus.

Heineken argues that competitive barriers become evident when comparing market share in bars and restaurants (on-trade) with that in retail stores (off-trade). In the document, the company states that Ambev holds 65.9% of the Brazilian on-trade market, compared with Heineken’s 20.6%. In the off-trade market, where competition is more balanced, the gap narrows to 54.5% for Ambev versus 26.4% for Heineken.

“In light of all this, there is clear noncompliance with the TCC. And while it is futile to argue without evidence, Heineken presents concrete proof that Ambev has been violating the TCC, which more than ever justifies a deeper investigation by CADE so the authority itself can confirm this obvious conclusion,” the company said. Heineken is represented in the case by the law firm Demarest.

Exclusivity agreements are highly sensitive in competition law and are often the subject of legal disputes. Although such agreements are not banned outright, they raise concerns when used by companies with significant market power. Recent cases include iFood and Wellhub (formerly Gympass), in the gym-access app market.

Heineken’s decision to escalate the dispute comes one year before the World Cup, a crucial period for the sector. Bars become crowded with fans watching matches, and sales in bars, restaurants, and events can account for up to half of brewers’ volumes.

In a statement, Ambev said it is fully complying with the agreement signed with the CADE in 2023, which is periodically audited by an independent firm designated by the authority. “We remain committed to building transparent and trustworthy relationships with customers and consumers, always respecting Brazilian law,” the company said.


29 November, 2025