Bill that encourages Antitrust Damage Actions is approved in the first committee of the Chamber of Deputies



The Committee of Economic Development, Industry, Commerce, and Service (CDEICS), of the Chamber of Deputies, approved on Wednesday (21.08.2019), Bill nº. 11,275 / 2018 that promotes changes to Law 12,529 / 2011, to encourage antitrust damage actions.

The major changes proposed in the Bill are: (i) double remediation for damages suffered; (ii) establishment of a 5-year statute of limitations, the initial term of which will be as of the publication of CADE’s decision; (iii) exempt the signatories from the plea agreement or leniency agreement of joint liability; (iv) submit the signatories from the plea agreement to the arbitral tribunal, when the injured party so institutes; and (v) stipulate that Cade’s decision is able to substantiate the concession of evidence protection.

The bill, which has already been approved by the Senate, is now awaiting approval by the Constitution, Justice and Citizenship Commission of the house (“CCJC”), and after, it will go for presidential sanctioning.