CADE opens public consultation on guide for cooperation between competitors

The Administrative Council for Economic Defense (CADE) launched a public consultation to welcome contributions from the antitrust community for the elaboration of the Guide for Cooperation between Competitors. The initiative aims to increase transparency and predictability in the authority’s enforcement in cases related to cooperation between competitors.

In increasingly complex markets, it is common for competitors to cooperate in associations, joint ventures, or innovation initiatives. In particular situations, these collaborations may generate efficiency gains, cost reduction, and technological development, with benefits for both the competition environment and consumers. On the other hand, these interactions may also involve competition risks, especially when they include the exchange of sensitive information or conduct coordination. In these cases, the challenge is to distinguish legitimate and pro-competitive practices from those that could harm competition.

The draft guidelines aim to provide clear parameters for this analysis, contributing to greater legal certainty for companies, attorneys, and other economic agents, as well as guiding CADE’s technical activities.

The contributions may be submitted by 4 May via the Brasil Participativo platform. Public participation is essential to improve the guidelines and foster a more transparent and efficient competitive environment aligned with current market dynamics.