Brazil: Closed investigation against Gympass after cease and desist agreement concerning abuse of dominance through exclusivity deals

On 21 September 2022, the Administrative Council for Economic Defence Investigation (CADE) announced it had signed a cease-and-desist agreement with Gympass. Under the cease-and-desist agreement, Gympass is now prohibited from implementing exclusivity clauses or clauses that have the same effect. Furthermore, a daily fine is set in case Gympass does not comply with the order. Gympass is a membership service which intermediates between users and gyms. The investigation followed allegations by Total Pass, a rival service provider, that Gympass prevented gyms from signing with competing service providers, such as Total Pass, thereby restricting competition.