CADE launches Operationalization Guide for Technical Cooperation with Persecution and Control Agency
The goal is to bring into light the procedures used by CADE to support other agencies that investigate anticompetitive conduct in the country.
Last Tuesday (December 10), the Brazilian Antitrust Watchdog (CADE) launched its Operationalization Guide for Technical Cooperation with Persecution and Control Agencies. The document aims to bring into light the procedures used by CADE in supporting other agencies that investigate anticompetitive conduct in the country, such as Public Attorney’s Offices and Public Finance Courts.
CADE has a strong culture of celebrating partnerships with other public organisms and institutions, either public or private, national and international, with the goal of promoting technical and operational cooperation related to competition defense and also improve the public services offered by the authority.
To that end, CADE assists partner agencies in specific situations, namely:
- Technical support in the initial phase of investigations, through documents and data analysis, and preparation of analytical documents to identify signs of economic order violations.
- Support for search and seizure diligence.
- Support in screening and/or proof analysis - telephone interceptions, seized physical and electronic material, data from mobile devices, etc. - after the diligence.
- Development of training workshops.
Such assistance is usually previously formalized in Technical Cooperation Agreement (ACT) and follows five guiding principles: effectiveness, security, sharing, coordinated action and confidentiality.
The guide is not binding, but represents an important initiative to promote new institutional cooperation opportunities with the antitrust authority.
The guidelines published by CADE have the purpose to give more transparency to the proceedings adopted by the authority. It has also been used as a reference for public employees, lawyers and the society.
CADE has already published 12 guides of which 4 are internal procedures guides:
2. Guidelines for submitting data to the Department of Economic Studies (04/24/2019) - only in Portuguese
3. Guidelines for Merger Remedies (10/16/2018) - only in Portuguese
4. Guidelines for Horizontal Mergers (07/27/2016) - only in Portuguese
5. Guidelines for CADE’s Antitrust Leniency Program (05/25/2016)
6. Guidelines for Settlement Agreements in cartel cases (05/11/2016)
7. Guidelines for Competition Compliance Programs (01/20/2016)
8. Guidelines for the Analysis of Previous Consummation of Merger Transactions (Gun Jumping) (05/20/2015)
9. Related Account Operation (06/29/2018)
10. Civil Search and Seizure Procedure (09/19/2017) - only in Portuguese
11. Management Flows and Inspection of Contracts (07/21/2017) - only in Portuguese
12. Manual of the General Superintendence for Merger Proceedings (07/21/2017) - only in Portuguese