The Brazilian Superior Court of Justice limits the confidentiality of the Brazilian Competition Authority’s leniency agreements (Εlectrolux)

The Brazilian Superior Court of Justice (“STJ”) has issued a ruling that seeks to limit the confidentiality of leniency agreements entered into with the Brazilian antitrust authority (“CADE”). Pursuant to the ruling, third parties may have access to such agreements and related materials (including contemporaneous evidence) after CADE’s General-Superintendence issues its report on a given case and submits the case records to CADE’s Tribunal. The STJ upheld a decision issued by the São Paulo Court of Appeals (“TJSP”) in a damages claim regarding an alleged cartel in the market for hermetic compressors for cooling systems. The TJSP granted the