INTERNATIONAL: BRAZIL – CARTEL– INVESTIGATION – LENIENCY – SETTLEMENTS

A glimpse into Brazil’s experience in international cartel investigations: Legal framework, investigatory powers and recent developments in leniency and settlements policy

This article analyzes the Brazilian experience in international cartels enforcement within 2000-2016. Initially, it presents four central aspects of the enforcement activities in Brazil. First, the legal framework on fighting cartels. Second, the main investigatory powers of the Brazilian Competition Authority, the Administrative Council for Economic Defense (CADE). Third, the Brazilian Leniency Program. Fourth, the Settlement Policy adopted by CADE. Subsequently, the article hint at some improvements accomplished in Brazil`s performance investigating international cartels. The authors provide statistics of CADE`s international cartel investigations, which highlight some recent developments as well as some of the main challenges to overcome. The authors then suggest, as a strategy to overcome those challenges in international cartels enforcement, some measures for strengthening cooperation between competition authorities.

Introduction 1. International cartels can cause harmful effects to consumers and to the economy, possibly leading to higher overcharges than domestic ones. [1] Their impact can be especially severe for developing countries. [2] In Latin America only, the estimated overcharges due to the 84 global cartels discovered between 1990 and 2000 are worth at least 35 billion dollars. [3] International cartel enforcement, which has been considered a top priority by competition authorities in North America and Europe for several decades, has been on the rise in the so-called “Rest of the World” (ROW): Africa, Asia and Latin America. [4] 2. In this paper, the authors present a brief overview of Brazil’s experience in this area, [5] examining improvements and challenges to overcome. As the

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Authors

  • Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
  • Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)

Quotation

Amanda Athayde, Marcela Fernandes, A glimpse into Brazil’s experience in international cartel investigations: Legal framework, investigatory powers and recent developments in leniency and settlements policy, September 2016, Concurrences Review Nº 3-2016, Art. N° 80005, www.concurrences.com

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