Bill that changes the criteria for selection of CADE’s Commissioners advances in the Chamber of Deputies



The Committee for Constitution and Justice, and Citizenship (CCJC) of the Chamber of Deputies approved, on 12.13.2022, a bill that proposes the reduction of the total number of Commissioners in the Administrative Council for Economic Defense’s (CADE) Tribunal from 7 to 5 members, one of whom is President and the others are Commissioners.

In addition to reducing the number of members of CADE’s Tribunal, the proposal also provides for changes in the criteria for investiture in office. In the new wording, candidates must have an academic background compatible with the position and professional experience that meets at least one of the following conditions:

• minimum of 10 years in the public or private sector in a senior management position connected with competition law;

• minimum of 10 years as a self-employed professional in CADE’s field; or

• at least four years holding: top 2 non-statutory management level or leadership (statutory) position in a company, teaching office or research of competition law themes, or holding a Public Trust Position, level DAS-4 or higher.

Finally, the bill also provides for a solution to eliminate the issue of the Tribunal’s lack of quorum due to Commissioner’s end of the mandate, a situation that has paralyzed trial sessions in the past. For that, a replacement list will be drawn up with 3 public servants occupying leadership positions within CADE chosen and designated by the President of the Republic from 9 servants appointed by the CADE’s Tribunal.

During the vacancy period until the new Commissioner appointment, the vacant position will be held by a member of the replacement list for a maximum of 180 days. After the deadline, it will be replaced by the next one on the list.

If there is no appeal, the bill goes straight to Senate deliberation without going through the plenary of the Chamber of Deputies.