The long-running competition dispute between Heineken and Ambev has intensified after the Dutch brewer submitted a new complaint to the Administrative Council for Economic Defense (CADE). According to recently filed evidence, Ambev allegedly exceeded the exclusivity caps imposed under the 2023 cease-and-desist agreement, particularly in high-value neighborhoods of São Paulo, Rio de Janeiro, and Brasília.
The latest study, compiled for Heineken based on fieldwork by ONZEX and analysis by Tendências Consultoria, examined 3,400 points of sale. One of the most critical areas reportedly remains Leblon in Rio de Janeiro, where menus listing only Ambev beers were identified in more than 60% of establishments, up from 49% in the previous year. In São Paulo, districts like Vila Madalena and Itaim Bibi showed exclusive Ambev menus in over 40% of bars and restaurants. Heineken argues that such findings contradict the exclusivity ceiling of 15% set for prime locations, as defined in the 2023 CADE agreement (CADE, Jan. 05, 2024).
Heineken claims the competitive imbalance becomes evident when comparing on-trade and off-trade market shares. According to its analysis, Ambev commands 65.9% of Brazil’s on-trade beer market, while Heineken holds 20.6%. In retail outlets, where exclusivity agreements play a lesser role, the gap narrows, reflecting 54.5% for Ambev and 26.4% for Heineken.
Ambev, represented at CADE under the conditions of the 2023 cease-and-desist agreement, denies any noncompliance and reiterates that all exclusivity contracts are within the permitted limits. The agreement, which suspends CADE’s ongoing investigation until 2028, established maximum proportions of exclusivity across Brazil: 6% of points of sale per federal unit, 8% in large metropolitan areas, and 15% in prime districts of São Paulo, Rio de Janeiro, and Brasília (CADE, Jan. 05, 2024).
Heineken maintains a limited number of exclusivity agreements but is not bound by the same restrictions. This submission marks the third dataset it has presented to CADE since the agreement was enacted. The company argues that its evidence justifies further scrutiny to verify potential violations of dominant-position rules.
The dispute emerges at a critical moment for the beer industry. With the upcoming FIFA World Cup 2026 expected to drive strong consumption in Brazil’s on-trade sector, competition for visibility in bars and restaurants has intensified. Ambev states it remains committed to legal compliance and emphasizes that all contracts are audited by an independent firm designated by CADE.
