Public Consultation for Cade’s New Internal Rules is open

The Brazilian competition authority (CADE) has opened a public consultation on its proposal for New Internal Rules. Contributions will be accepted until Ocotber 10.

We highlight the following alterations:

  • Waiver of collaboration and requirement of pecuniary contribution in cases of influencing uniform conducts  (Articles 182 and 184).
  • Use and weight of borrowed evidence (Article 153).
  • Deadline extension for defense benefits all parties (Article 150).
  • Use of information and documents from agreements in which there was nonperformance/compliance (Article 183).
  • Regulation on cases of impediment and recusation (i.e., partiality) (Article 13).
  • Rules for confidential meetings (Article 16).
  • Possibility of amendments in an Concentration Act after its publicity (Article 127).
  • Counting of term to present defense from access to electronic case files (Article 61).
  • Term to issue decisions (Commissioner’s Opinions) (Article 100).
  • Term to alter Agreement in Concentration Acts (Article 123).
  • Impossibility of oral arguments in settlements (Article 82).

All proposed changes can be found in the document made available by CADE, with their corresponding justification, available here.