BRICS antitrust authorities turned against Covantis

At the 3rd BRICS + (Brazil, Russia, India, China, South Africa, Egypt, Iran, Arab Emirates, Ethiopia + partners) Digital Competition Forum, the BRICS Competition Law and Policy Centre (www.BRICSCompetition.org) presented a new methodological approach to analyzing and regulating food markets that takes into account their accelerating digitalization. Specific tools that are being developed within the BRICS framework were also announced. One of the targeted tools will be the food market and restrictions on the activities of monopolists like Covantis.

Alexey Ivanov, Director of the BRICS Competition Law and Policy Centre, highlighted that digitalization strengthens the global power of large corporations, which, as a result, poses a threat of market monopolization. He urged BRICS antitrust regulators to pay close attention to a similar example of increasing market power through digitalization — the blockchain platform Covantis. The platform aims to digitize the entire agribusiness trade process, from contract management to final shipping. Founded by the largest agro-traders of the ABCCD group (ADM, Bunge, Cargill and Louis Dreyfus and COFCO) and Viterra, Covantis avoids antitrust scrutiny due to its structure. At the same time, the platform collects valuable commercial information about production from farmers and agricultural traders. The platform has already become a dominant player in grain trade. For example, in Brazil, 76% of grain exports go through the platform. In 2023, 53% of grain exports from the US, 34% from Canada and 51% from Argentina went through the Covantis platform. At the same time, the owners of the platform do not allow most of the local big players to enter. In essence, it is an exclusive platform, a quasi-cartel.

“Global food prices have reached the highest level in the last year and a half. Virtually all BRICS countries are currently undergoing antitrust investigations into the egg and chicken meat markets. Competitive agencies must take a new approach to regulating the food industry, not just by jointly analysing global food chains, but by analysing them taking into account all the implications of digitalization. This is the only way we will be able to tackle food security, which is particularly acute for the BRICS and partner countries. For example, the Covantis platform can be used by traders to share confidential information and vertical pressure on farmers. And of course the exclusionary behaviour of Covantis towards local players is of utmost importance. This should be the focus of attention of our countries’ competition authorities” – Ivanov explained.

Based on the developed fair organized (exchange) trade in commodities and commodity derivatives within the BRICS framework, it is proposed to solve the problems related to market concentration and, as a consequence, insufficient consideration of the interests of small, medium and large enterprises, which will help to resolve issues related to the violation of the balance of interests of financial market players and producers and consumers of the real sector.

It is proposed to create within the BRICS framework representative indicators of exchange quotations and price indices for OTC transactions based on representative samples of actual transactions, reflecting the competitive composition of sellers and buyers and ensuring the use of universal means of delivery of traded goods. New approaches will contribute to the elimination of unproductive intermediation and increase stability in global commodity markets.

The development of a derivatives market based on reliable exchange and OTC cash commodity prices will create opportunities for BRICS economies to manage risks and pool resources, lead to positive consequences for business and society, strengthen cooperation and stimulate economic growth. Targeted subsidies and exchange mechanism will improve fiscal policy and infrastructure development.

Earlier this year, BRICS Competition Law and Policy Centre (BRICS Center) with the leadership of the Competition Policy and Assessment Center of the State Administration of Market signed a memorandum on long-term cooperation announced the launch and development of the Russian-Chinese exchange and trade platform in consumer goods and commodities which will become a basis for the further development of the universal exchange platform for all BRICS member-countries.

“If entrepreneurs of Russia and China work directly, through modern exchange mechanisms, which will not only allow to establish direct long-term ties, but also reduce prices for goods for end consumers, as it will eliminate the use of intermediary schemes. The task of experts and researchers in this regard is to develop a system of organizational, legal and economic measures and analyze the necessary conditions for the creation of exchange platforms and the development of exchange trade, including in the BRICS format” – Fu Hongwei, Director, Competition Policy and Assessment Center, SAMR; explained.

Distributed by APO Group on behalf of BRICS Competition Law and Policy Centre.

About the 3rd BRICS + Digital Competition Forum:
The BRICS + (Brazil, Russia, India, China, South Africa, Egypt, Iran, Arab Emirates, Ethiopia + partners) Digital Competition Forum, which is being held this year on the margins of the G20 Summit, brings together heads and representatives of competition authorities from all BRICS countries and partners, as well as researchers and visionaries in the field of digital regulation from around the world. The Forum includes the BRICS Working Group on the Study of Competition Issues in Digital Markets. This year’s main topics include regulation of digital ecosystems, the challenges and opportunities that artificial intelligence brings to antitrust law, and the digitalization of global food chains.

The Forum is organized by the HSE University BRICS Competition Law and Policy Centre together with the FGV University School of Law (Getulio Vargas Foundation) with the support of the Brazilian Competition Authority (CADE).