Public Federal Ministry launches guidelines to fighting cartels



The Public Federal Ministry (MPF) has launched the “Guidelines: Fighting Cartels”, whose purpose is to guide their members and other legal professionals to adopt more effective conduct in combating this illicit practice.

The guide is divided into four chapters and presents fundamental concepts about the persecution of cartels, describing the factors that can stimulate the formation of cartelist groups, such as administrative, criminal and civil responsibilities, the limits of action of State and Federal Prosecutors, besides the attributions of the Administrative Council for Economic Defense (Cade), as well as the damage caused to the society.

The guidelines have a practical bias and points out suggestions of action and frequent considerations in the establishment of Public Legal Investigation, in order to resolve issues related to the topic.  Some relevant Cade decisions are presented for illustration purposes to assist in the decision-making process of MPF members to ensure the principles, such as free competition, consumer protection, and freedom of initiative, are governing the national economy.

The strengthening of the policy to combat cartelist practices is increasing at a very high rate by the national authorities. In 2016, Cade and MPF/SP signed a memorandum of understanding to strengthen the coordinated action of the institutions in the negotiation of leniency agreements and termination of commitment terms, aiming to provide greater security and transparency to companies and individuals interested in collaborating with the authorities, in exchange for administrative and criminal administrative benefits, in clear reinforcement of anti-cartel investigations. In 2019, a similar memorandum of understanding was signed with the Public Prosecution Ministry of the State of São Paulo.

MPF’s “Guidelines: Fighting Cartels” can be accessed here.