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.