A recent decision handed down by the Superior Court of Justice limited the confidentiality of documents linked to agreements between CADE and companies, which may increase the number of private suits for damages stemming from the practices confessed in such agreements. In the matter at hand, the plaintiff filed a law suit against companies which had signed leniency and plea agreements with CADE in the Administrative Proceeding (i.e., administrative sphere), admitting to anti-competitive practices. The lower tier judge rejected a request by the plaintiff to send official letters requesting copies of the corroborating documents. The Superior Court of Justice dismissed a later appeal (REsp 1.554.986/SP) filed by the defendants, concluding that access to the leniency agreement would allow/facilitate damage claims by third parties harmed by the conduct. By granting access to the documents of the Administrative Proceeding, the Superior Court of Justice emphasized that the confidentiality of agreements with the competition authority is not absolute. As for the effectiveness of access, the documents should be analyzed by the competent court, in order to ensure the confidentiality of the industrial secrets therein contained.
2016/04/18
