CADE hosts a debate on the 20 years since the first leniency agreement signed in Brazil

The main topic of the videocast was the two decades since the first leniency agreement signed in Brazil on 6 October at the Administrative Council for Economic Defense (CADE). 

The initiative integrates the celebration of the Brazilian Day for the Fight Against Cartels, created on 08 October 2008, aiming to address the cartel records and discuss the advances of the Leniency Programme of the Administrative Council for Economic Defense (CADE). 

The date was chosen to be related to 08 October 2003, when the first leniency agreement was signed in Brazil, during a proceeding that investigated a bid-rigging case in the private security services in the state of Rio Grande do Sul. 

Alexandre Barreto, the Superintendent General of CADE, chaired the meeting in conjunction with Diogo Thomson, Assistant Superintendent of CADE, and Amanda Athayde and Bárbara Rosenberg, attorneys of CADE. 

During the opening ceremony, Alexandre Barreto mentioned the relevance of the date, as well as the use of this investigative tool. “Cartels will always be a focal point for CADE, as they are severe antitrust violations to the society. Symbolically, there is a celebration of the way we remember the need to invest in the development of methods and proceedings to fight against cartels”, he stated. 

In 20 years, CADE signed 109 leniency agreements. On average, there have been five cases per year. Currently, there are 10 agreements in course at the authority. During the videocast, Mr Barreto emphasised that CADE’s Antitrust Leniency Programme is successful, as it is a reference to similar programmes in Brazil. 

Amanda Athayde mentioned that transparency guarantees confidentiality and dialogue with the Federal Prosecution Services since they are essential elements for the progress of the Antitrust Leniency Programme in Brazil. Mrs. Athayde also talked about the interface between the actions and the leniency program. According to her, the starting point should not put the signatory in a worse situation in comparison to the ones that are not cooperating with the investigation. 

On the other hand, Bárbara Rosenberg reinforced the advances of the Antitrust Leniency Programme throughout twenty years. As she stated, this kind of agreement is successful due to an effective enforcement of the law. “If the parties understand they could be convicted, there is no reason to contact an authority to file for a plea agreement”, she concluded. 

Diogo Thomson claims that the dialogue mentioned the whole process of implementation of the programme, which has always tried to deal with different parties. “We have reacted to the new challenges with dialogue and transparency over 20 years, always searching for the best investigative tools to preserve them”, he stated. 

During the meeting, Mr Barreto emphasised the relevance of leniency as an element that joins others in the conviction of antitrust violations. “CADE does not convict anyone based only on leniency agreement reports, these are complementary elements to create a robust arsenal that leads to a proposal of conviction”, he explained. 

Mrs. Rosenberg also mentioned that the programme has gained credibility over the years. “Nowadays I understand that if I do business with someone who is heading the leniency programme of CADE, they will not use this piece of information, even if the negotiation is not continued”, she concluded. 

At last, Thomson talked about future perspectives, especially the possibility of creating a system of leniency that involves Brazilian authorities. 

The conversation is available on CADE’s YouTube channel and can be accessed at any moment.