You are here: Home > Topics > Leniency Program

Leniency Program

CADE’s Leniency Program is one of CADE’s most important tools for fighting national and multinational cartels. CADE’s first leniency agreement was signed in 2003. Since then, CADE has entered into more than 50 Leniency Agreements with companies and individuals that had engaged in cartel activity.

The Leniency Program allows companies and/or individuals currently involved or that were involved in a cartel offense or other antitrust conspiracy to apply for a Leniency Agreement with CADE by committing to cease the illegal conduct, report and confess the wrongdoing, and cooperate with the investigations by submitting information and documents relevant to the investigation.

In Brazil, the practice of cartel is considered an administrative offense (as defined by article 36, § 3º, I, of Law No. 12.529/2011), as well as a criminal offense (as set out in article 4, II, of Law No. 8.137/1990). If CADE’s General Superintendence does not have prior knowledge of the reported violation, the leniency recipient will be entitled to receive full administrative and criminal immunity. If CADE had already started an administrative proceeding to investigate the reported violation, the applicable penalties can be reduced from one to two thirds.

CADE grants only one leniency agreement per conspiracy, so that companies and individuals are in a race with each other to apply for leniency. Although the administrative and criminal immunity can only be granted to the first-in, other companies and/or individuals interested in collaborating with the investigations may celebrate a Cease and Desist Agreement (TCC in its acronym in Portuguese) with CADE.

TCCs provide companies and/or individuals, depending on when the TCC is proposed and the scope and utility of the collaboration of the proponent in the fact-finding proceeding, with fines reductions varying between 15% to 50%, as set forth in article 85 of the Law No 12.529/2011. Moreover, CADE can assist the proponent before the Public Prosecution Service, in order to facilitate the negotiation of an eventual collaboration agreement (see the Memorandum of Understanding between CADE and the Public Prosecution Service here - available only in Portuguese).

Guidelines - CADE's Antitrust Leniency Program

In November 2015, CADE released for public consultation the draft Guidelines on CADE's Antitrust Leniency Program. The document includes best practices and procedures usually adopted by CADE's General Superintendence when negotiating and signing leniency agreements. In December 2015, an English version of the guide was released to public consultation.

The Guidelines in both Portuguese and English were available for public consultation until 10 February 2016.

The final version of the document in English was released at CADE’s website in 23 June 2016.

 

 

Relevant Legislation to the Leniency Program

Models of Leniency Agreement

Statistics

* The proceeding 08012.007818/2004-68 was dismembered from the proceeding 08012.004702/2004-77;

The proceeding 08012.000084/2010-34 was dismembered from the proceeding 08012.011027/2006-02;

The proceeding 08012.001127/2010-07 was dismembered from the proceeding 08012.010932/2007-18;

The proceeding 08700.009161/2014-97 was dismembered from the proceeding 08012.000774/2011-74;

The proceedings 08700.000738/2016-67 e 08700.000739/2016-10 were dismembered from the proceeding

08700.000729/2016-76.

** The proceedings 08012.002414/2009-99 and 08012.10338/2009-99 originated from Leniency Agreement 01/2008.

***Until the end of 2018, 28 Administrative Proceedings originated from 21 leniency agreements were judged.

Remark: During the instruction, the administrative proceedings originated from leniency agreements can be dismembered in more than one proceeding if CADE comes to the conclusion that there was more than one conduct. The accounting of dismembered processes in the above table occurs only at the time of their judgment.


Administrative Processes resulting from Leniency Agreement finally decided by CADE's Tribunal

Proceedings decided in 2007

Security services companies’ cartel in the state of Rio Grande do Sul – Administrative Proceeding No. 08012.001826/2003-10

Leniency Agreement signed on 10 September 2003. Proceeding decided in 21 September 2007.



Proceedings decided in 2012

International peroxides cartel – Administrative Proceeding No. 08012.004702/2004-77

Leniency Agreement signed on 06 May 2004. Proceeding decided on 09 May 2012. The main case was dismembered into the proceeding No. 08012.007818/2004-68.



Proceedings decided in 2013

International air cargo cartel – Administrative Proceeding No. 08012.011027/2006-02

Leniency Agreement signed in 12/21/2006. Proceeding decided in 28 August 2013. The main case was dismembered into the proceeding No. 08012.000084/2010-34, decided in 2014.



Proceedings decided in 2015

International marine hoses cartel - Administrative Proceeding No. 08012.010932/2007-18

Leniency Agreement signed in 08/13/2007. Proceeding decided in 25 February 2015.



Proceedings decided in 2016

International cartel in the sodium perborate market – Administrative Proceeding No.08012.001029/2007-66

Leniency Agreement signed in 11 September 2006. Proceeding decided in 25 February 2016.

International cartel in the refrigerator compressor market – Administrative Proceeding No.08012.000820/2009-11

Leniency Agreement signed in 30 January 2009.  Proceeding decided in 16 March 2016. 

Thermoplastic Elastomers (TPE) International cartel – Administrative Proceeding No. 08012.000773/2011-20

Leniency Agreement signed in 31 August 2016. Proceeding decided in 31 August 2016.

ABS Plastic cartel – Administrative Proceeding No. 08012.000774/2011-74

Leniency Agreement signed in 17 December 2010. Proceeding decided in 14 September 2016. The main case was dismembered into the proceeding No. 08700.009161/2014-97, decided in 14 September 2016

CRT International cartel – Administrative Proceeding No. 08012.005930/2009-79

Leniency Agreement signed in 29 July 2009. Proceeding decided in 09 November 2016.

International cartel in the Market of memory card (DRAM) -  Administrative proceeding No. 08012.005255/2010-11

Leniency Agreement signed in 24 November 2011. Proceeding decided in 23 November 2016.



Proceedings decided in 2017

Airbags, seat belt and steering wheel cartel – Administrative Proceeding No. 08700.004631/2015-15

Leniency Agreement signed in 29 June 2015. Proceeding decided in 06 September 2017.

Confidential – Administrative Proceeding No. 08700.008005/2017-51.

Leniency Agreement signed in 24 May 2012. Proceeding decided in 13 December 2017.

Confidential – Administrative Proceeding No. 08700.008004/2017-15.

Leniency Agreement signed in 24 May 2012. Proceeding decided in 13 December 2017.

Building maintenance cartel – Administrative Proceeding No. 08012.006130/2006-22

Leniency Agreement signed in 23 June 2006. Proceeding decided in 06 November 2017.

Refractory ceramic rollers cartel – Administrative Proceeding No. 08700.004627/2015-49

Leniency Agreement signed in 29 June 2015. Proceeding decided in 22 November 2017.



Proceedings decided in 2018 (updated in 05/11 – until 132º judgement session)

Optical Disc Drives (ODD) cartel – Administrative Proceeding No. 08012.001395/2011-00

Leniency Agreement signed in 18 March 2010. Proceeding decided in 28 February 2018.

Cartel in the Orange market – Administrative Proceeding No. 08700.00729/2016-76

Leniency Agreement signed in 12 January 2006. The main case was dismembered into the proceedings No. 08700.000738/2016-67 e 08700.000739/2016-10, decided in 28 February 2018.

Cartel in the prepaid phones electronic recharged Market – Administrative Proceeding No. 08012.002812/2010-42

Leniency Agreement signed in 12 March 2010. Proceeding decided in 13 June 2018

Cartel in bumpers market – Administrative Proceeding  No. 08700.004629/2015-38

Leniency Agreement signed in 24 September 2015. Proceeding decided in 13 June 2018.

Gas Insulated Switchgear (GIS) cartel – Administrative Proceeding No. 08012.001376/2006-16

Leniency Agreement signed in 11 November 2005. Proceeding decided in 08 August 2018.

Color Picture Tubes (CPT) cartel – Administrative Proceeding No. 08012.002414/2009-92

Leniency Agreement signed in 12 December 2018. Proceeding decided in 22 August 2018.

Color Display Tubes (CDT) cartel – Administrative Proceeding No. 08012.010338/2009-99

Leniency Agreement signed in 12 December 2018. Proceeding decided in 22 August 2018.


Contact the General Superintendence

If you want to apply for a leniency agreement, please contact the Leniency Negotiation Unit of CADE’s General Superintendence. In accordance with Article 239, §1 of CADE’s internal rules, the application should inform a full qualification of the leniency agreement proponent, the other participants in the anticompetitive conduct, the products or services affected, the geographic area affected and the estimated duration of the infraction.

The Chief of Staff of CADE's General Superintendence, the Deputy General Superintendent and/or the General Superintendent can be contacted by phone at +55 61 3221-8445, by on-site meetings or by the e-mail superintendencia@cade.gov.br. The request should specifically mention to talk about "Marker Request".