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CADE updates its Leniency, and Cease and Desist Agreement Guidelines

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The new versions were published on the authority’s website on 4 September
by Assessoria de Comunicação Social published: Sep 06, 2017 12:34 PM last modified: Sep 06, 2017 12:34 PM

The Administrative Council for Economic Defense – CADE published, on 4 September, the updated version of its guidelines on Leniency, and Cease and Desist Agreement. The changes, that reflect CADE’s General Superintendence internal practices and the best international practices about the subject, aim at enhancing transparency, predictability and legal certainty to the competition community in Brazil.

The changes in the Leniency Guidelines are related to leniency plus, interview techniques and international cartels’ negotiations. The first two changes address questions brought to the General Superintendence by the civil society, lawyers and scholars. The changes regarding international cartels respond to the clarifications that foreign lawyers have asked CADE to provide on the negotiation procedures related to international cartel cases.

The changes in the Cease and Desist Agreement Guidelines include clarifications on subjects such as the queue for proceedings that investigate the same anticompetitive conduct, carve out, natural persons’ signature, validity clause, pecuniary contribution and anticompetitive conduct records, among other topics. 

The changes implemented by the General Superintendence are not related to a review of the Guidelines’ substance, and they do not overlap the limits of the Law 12.529/11 nor of CADE’s Internal Regulation. They reflect an adjustment of both publications to the procedures employed at the General Superintendence and endorsed by CADE’s Administrative Tribunal.

The changes were proposed by General Superintendence’s technical staff, which is composed by civil servants who participate of the leniency, and cease and desist agreements’ elaboration. CADE’s Administrative Tribunal was also consulted on the matter and sanctioned the proposed updates.

CADE expects that the updated documents will contribute to increase procedural promptness and efficiency of its leniency, and cease and desist agreements’ policies, which are nationally and internationally recognized for their soundness  and effectiveness in the deterrence, detection and sanction of anticompetitive conducts.

Access the updated Leniency and Cease and Desist Agreement Guidelines (in Portuguese).