CADE launches guide with evidential recommendations for antitrust leniency

On 20 September, the Administrative Council for Economic Defence (CADE) released a guide on evidence examination in the context of CADE's leniency programme. The document was developed from an analysis of the evidence used to prove cartels and the induction of concerted practices in cases adjudicated by the CADE Tribunal over the last 27 years.

The guide provides the government with guidance on the parameters for what constitutes – and how to assess – evidence in the scope of the authority's leniency programme. Moreover, it gives reference points to companies conducting internal investigations and resources for building effective compliance programmes.

As the guide states, "Based on the experience accumulated from leniency negotiations and comparative and regulatory analyses, CADE researched its Tribunal's precedents in administrative proceedings for cartels and induction of concerted practices from 1993 to 2020".

The recommendations, which include samples of cartel evidence in cases heard by the CADE Tribunal, focuses on these topics: direct and indirect evidence of an anticompetitive agreement; sufficient evidence; insufficient evidence, when presented in isolation; and evidence used to distinguish hard-core and soft-core cartels.

Additionally, the guide includes an annex with excerpts from judgements that serve as precedent for each type of evidence.

Access the Guide (Portuguese only).