CADE opens public consultation on Statutes amendments

On 23 September, the Administrative Council for Economic Defense (CADE) launched a public consultation on the proposed reform of its Statutes—the set of provisions governing the authority's operations, strategic planning, and the conduct of proceedings. Companies, lawyers, consumers, researchers, civil society entities, and public bodies may submit contributions until 6 November 2026, via the dedicated channel.

The proposal updates the Statutes in force since 2018 and consolidates provisions that are currently provided in separate resolutions, such as those on confidentiality, access to documents, and virtual sessions. Changes impact CADE’s planning, institutional relations with society, and procedural stages affecting businesses and citizens alike.

“The proposal enhances CADE’s operations by establishing clear procedures for practices the authority already performs routinely but which lacked formal rules, thereby offering greater legal certainty to economic agents and to the authority’s own institutional activities. Concurrently, it broadens participation channels for academia and civil society, increases transparency in decision-making, and, for the first time, provides a formal procedure for CADE’s competition advocacy role—incorporating debates that have matured within the antitrust community for years”, stated CADE’s Acting President, Diogo Thomson de Andrade.

Planning and priorities

The reform establishes the Competition Policy Governance and Planning Committee, comprising the President of CADE, two Commissioners appointed by the Tribunal, the Superintendent General, an Assistant Superintendent, and the Chief Economist.

The Committee will coordinate strategic actions and identify overlaps among studies, cases, guidelines, and investigations. It aims to ensure permanent coordination between the Tribunal, the Office of the Superintendent General, and the Department of Economic Studies, without creating a new hierarchy. CADE’s final institutional position on competition advocacy initiatives will rest with the Administrative Tribunal itself, providing consistency and transparency to the authority’s statements.

The Committee will also propose the priority agenda—to be published every two years. It will detail the sectors and practices the authority intends to monitor closely, planned studies and regulations, participation mechanisms, and legislative amendments. The agenda will be preceded by a public consultation lasting at least 30 days and consultations with the Ministries of Justice and Finance. Annually, by 20 December, an activity report will measure its implementation. Consequently, companies and society will know in advance where CADE will concentrate its efforts.

The reform also formally incorporates two units into the Statutes that are currently not covered. The Parliamentary Affairs Office, linked to the Office of the President, will be monitoring legislative proposals relevant to CADE, liaising with parliamentarians and the Legislative Branch, and gathering inputs across the authority to respond to Congressional requests.

The Ethics Commission, currently governed by an administrative order, will feature in the Statutes as an advisory body for public servants and the authority responsible for enforcing the Federal Public Servant Code of Ethics. This brings stability for both structures and clarifies the responsibilities of each. It also updates the functions of the Office of the Attorney General (PFE/CADE), in line with regulations from the Office of the Attorney General of the Federal Union (AGU).

Competition advocacy

Market studies, opinions on legislative bills, and recommendations to other public bodies will gain a dedicated procedure. High-impact initiatives will be classified as “strategic” and launched by the Tribunal based on a work plan. Other “ordinary” initiatives will be initiated by CADE's technical units and reported to the Committee, which may review the classification. In both cases, the Tribunal must approve the final output, ensuring that every statement issued on behalf of CADE is decided by the collegiate body.

Worth noting this role is distinct from that performed by the Secretariat for Competition Advocacy and Competitiveness (SEAE) of the Ministry of Finance. The new procedure complements SEAE’s role and enhances transparency and provides a clear framework for activities CADE already performs, without expanding its statutory powers.

INSTITUTIONAL

The Statutes will provide for four public participation instruments, each governed by its own rules. The call for inputs and the participatory meeting serves to gather information at the start of a discussion, whereas the public consultation and public hearing serve to debate formulated proposals. These mechanisms may also be used to inform the examination of specific cases, and upon its conclusion, CADE will publish a report outlining the received contributions.

Public consultation becomes mandatory, with a minimum period of 45 days, before the approval of any CADE regulation affecting economic agents. These changes align with best practices adopted by regulatory agencies and provide stakeholders with rules established in advance. It also introduces the role of amicus curiae into the Statutes, which had not previously been provided for under CADE’s regulations.

As a result, there will be two ways to participate in ongoing proceedings. A third party with a vested interest in the case may submit statements, present documents, make oral submissions, and appeal against decisions. The amicus curiae, who contributes technical expertise on the matter under discussion, will have the same rights, except for the right to appeal.

CADE may require participants to declare their interests in the matter, as well as any affiliations, conflicts of interest, and sources of funding relating to their involvement, and may request documents to substantiate this information. This rule also applies to contributions submitted during consultations and public hearings, so that it is clear who is behind each submission.

In merger cases, applications by third parties to participate in the review must be decided within 15 days in summary proceedings and within 30 days in ordinary proceedings. If the time limit is not met, the interested party may appeal to the Administrative Tribunal. 

The proposal clarifies the rules for third parties, setting out defined criteria to grant or revoke that status, and establishes a specific appeal procedure for such decisions, without halting the review of the transaction. It ensures a second instance of review, safeguarding the rights of those seeking to participate without compromising procedural swiftness.

More transparent hearings

The allocation of cases among Commissioners will occur via electronic draw—published in the Official Gazette of the Union and on CADE's website. It reduces manual steps and ensures a random and balanced distribution of cases. The agenda for hearing sessions will be published at least four business days in advance, replacing the rule requiring 120 hours' notice.

The Virtual Deliberative Circuit (CDV) which hears cases electronically, will be incorporated into the Statutes. The virtual sessions will be held weekly; rapporteurs’ votes will be made public, and any advisor may refer the case to a hearing session.

Time limits and investigations

CADE will undertake preliminary assessments of the complaints it receives at the Office of the Superintendent General. Those that do not contain minimum evidence or concern matters outside the authority’s jurisdiction may be dismissed at this stage, allowing efforts to be focused on cases presenting indications of an infringement.

The proposal also includes a maximum 180-day timeframe for decisions on applications for preventive measures—extendable once by a further 60 days. Upon expiration of this period, the interested party may submit the matter the Tribunal.The proposal also sets out rules regarding the dissmissal of appeals against such decisions. The rapporteur will have 15 days to decide on the request for dismissal, and, if granted, the decision must be confirmed by the Tribunal. This rule provides predictability for the parties and tends to reduce the need to resort to the courts.

It also sets out the starting points for the time limits for appeals and the exercise of the Tribunal’s calling up a case for review following the closure of investigations. It further requires that, in merger control agreements, the final proposal be submitted at least three business days prior to the hearing, replacing the current rule of 108 hours.

Confidentiality and compensation for damages

The rules on confidentiality and access to documents, currently set out in Resolution 21/2018, will be integrated into the Statutes and structured by a procedural stage. Materials produced for leniency agreements remain protected, and Tribunal decisions may reproduce underlying evidence relied upon. Universities and research institutions may access anonymised historical data, with the Tribunal’s authorisation.

Its decisions will also be forwarded to the Prosecution Services, identified victims, and injured public bodies to enable them to seek redress. Compensation to injured parties will be considered when evaluating the offender's good faith and the extent of harm—criteria used to determine penalties.

How to participate

Contributions may be submitted until 6 November 2026 via the Brasil Participativo platform. The full draft and technical note explaining each amendment are available at this link. Once the consultation has closed, CADE will analyse the contributions and submit the final version to the Tribunal before the end of 2026.