At the August 8 Trial Session, during the “parking lot cartel” analysis (Administrative Proceeding No. 08012.004422/2012-79), Commissioner Polyanna Vilanova highlighted the relevance of the Cease and Desist Agreements (TCCs, in their acronym in Portuguese) for evidence collection. The discussion arose during her vote, when she analyzed the claims made by several defendants on the fact that the TCC signed by the company AllPark contained information that should have its probative value downplayed or, at least, challenged.
The companies stated that Allpark’s decision to settle had been motivated by a commercial strategy of its economic group. However, the Commissioner understood that the Signatory Party’s collaboration with the investigation cannot be dismissed, or have its veracity diminished, only due to its supposed motivation to celebrate it. Once approved by CADE, the TCCs are presumably valid, legal and fully effective – unless there is a proof of error or misrepresentation of the information.
