The Brazilian Competition Authority clarifies procedural deadlines of the agency following the Government’s new COVID-19 measures

Clarifications regarding the procedural deadlines of the agency due to the Provisional Measure No. 928, of 23 March 2020*

The Administrative Council for Economic Defense (Cade), due to the Provisional Measure No. 928, of 23 March 2020, which included the article 6°-C in the Law No. 13.979, of 06 February 2020, clarifies that:

1. There will be no procedural deadlines to the disadvantage of parties in the scope of the following proceedings and/or procedures, whether in the General Superintendence or in the Administrative Tribunal:

  1. Administrative proceedings for the imposition of administrative penalties for infringements of the economic order;
  2. Administrative procedures for assessment of mergers (APAC, in its acronym in Portuguese);
  3. Administrative proceedings for the imposition of incidental procedural penalties of administrative sanctions.

There will be no changes regarding the counting of deadlines related to the proceedings and/or procedures below:

  1. Merger assessments;
  2. Administrative investigations to ascertain infringements of the economic order;
  3. Preparatory Procedures of Administrative Investigations to ascertain infringements of the economic order;
  4. Leniency Agreements;
  5. Cease and Desist Agreements (TCC, in its acronym in Portuguese) and Merger Control Agreements (ACC, in its acronym in Portuguese) under monitoring;
  6. Consultations;
  7. Terms of Commitment and Fulfilment under monitoring.

It is important to emphasise that the lack of procedural deadlines to the disadvantage of parties does not hamper the normal pursuance of all proceedings and procedures at Cade, with regard to the procedural acts of Cade’s responsibility.

Moreover, it shall be noted that Cade, aware of the circumstances that lead to the declaration of national public calamity, and sensitive to the health crises in Brazil and in the world, will analyse, with the attention that each specific case requires, situations that may eventually require extension of other deadlines, upon justified and well-grounded requests.

*This is the original title of the press release. The title above has been amended in order to match the e-Competitions format. Individual authors are welcome to provide original independent commentaries on the case law. Articles are subject to approval by the Board of e-Competitions Bulletin before publication based on the Editorial Policy (click here).

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Brazilian Competition Authority (CADE), The Brazilian Competition Authority clarifies procedural deadlines of the agency following the Government’s new COVID-19 measures, 26 March 2020, e-Competitions March 2020, Art. N° 94036

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