CADE holds workshop on consensus culture

On 14 November, the Specialised Prosecutor General at the Administrative Council for Economic Defense (CADE) held a workshop named “Diálogo e Cooperação no Direito Antitruste: a Cultura de Consenso ” (on antitrust law and cultural consensus). The event gathered specialists to discuss innovative approaches to strengthen consensus and usage of collaborative solutions in the Brazilian System for the Defense of Competition (SBDC). During the event, there were debates on the possibilities and challenges of cooperation among the parties involved in antitrust investigations.

In the opening session, André Freire, the chief prosecutor, mentioned the importance of a constant dialogue in the antitrust environment, highlighting that CADE has searched for solutions that are more effective and collaborative, to guarantee faster and more efficient conflict resolutions. 

“CADE has been working to improve its advocacy and enforcement roles. We have enhanced our legal representation when many of our penalties are submitted to the Judiciary. There is a strategy to improve the collection of fines, both in the administrative and legal fields. The Federal Prosecutor General has worked in partnership with other units of the agency to clarify the rules that might be taken to a public consultation. However, all of these procedures will go through the Tribunal of CADE”, he stated. 

The prosecutor considered positive the discussion on the usage of consensual approaches for dispute resolutions, since it provides additional tools to CADE, apart from imposing fines and other remedies that are traditionally used.

According to Mr Freire, the cooperation among CADE and other representative entities of the companies and attorneys is important as a process to share the challenges that the antitrust authority observed in its actions. “This environment provides an effective exchange of impressions and shows  possible improvements we need to make”.

Mr Paulo Firmeza, director of extrajudicial collections at the Office of the Prosecutor General of Brazil, mentioned the “Programa Desenrola”, launched after Law 14973/2024, a programme that offers a new opportunity for debtors from federal agencies and public foundations to pay off their debts. 

According to Mr Firmeza, the extraordinary transaction is an essential measure to facilitate the negotiation. “Not only does the programme offer more accessible conditions for debtors, but it also contributes to a debt reduction of unpaid credits, without waiving to a fair taxation. The goal is to provide a more balanced environment for all the parties involved to enable debt regulations, so that they are sustainable for both the debtor and the treasury”, he explained. 

Ms Carolina Dotto, attorney at the Office Tozzini Freire Advogados; Renê Medrado, president of the Brazilian Institute of Studies on Competition (Ibrac); Paulo Firmeza, director of pre-legal collections at the Office of the Prosecutor General of Brazil; Giuliana Gonçalves, director of the Committee of Economic Litigation and Arbitration of the Ibrac; and Milena Mundim, vice-president of the Competition Commission of ICC Brazil and business partner of Lefosse Advogados, took part in the event.