CADE publishes a study on Cease and Desist Agreements

On 24 February 2021, the Administrative Council for Economic Defense (CADE) published the working paper named “TCC na Lei nº 12.529/11”. The document presents CADE’s precedent on Cease and Desist Agreements negotiation.

The study was developed by the researcher Carolina Saito and results from a consultancy carried out by the antitrust authority in partnership with the United Nations Development Program (UNDP). It aims at providing the main clauses and results of CADE in the signing of Cease and Desist Agreements under the current Brazilian Competition Law (Law 12529/2011) in an analytical and summarized manner. Thus, the paper analysed 349 agreements signed between July 2012 and December 2019.

The working paper presents the main features of a Cease and Desist Agreement, as well as its signing requirements. Besides, it outlines the methodological approach adopted and indicates the data related to the clauses at issue, providing the context and reasons for using each of them.

From the extensive data analysis of the study, it is possible to observe the gradual development of CADE’s cease and desist agreements, in addition to the agency’s continuous effort to improve the standards and practices related to the agreements.

“We expect the results presented in this study facilitate CADE’s understanding of whether it is timely and suitable to sign a Cease and Desist Agreement. Moreover, the outcomes are expected to produce greater predictability and standardization of the agreements, in addition to CADE's best practices established in the Guide for Cease and Desist Agreements and several other works related to the topic”, states Ms Saito in the conclusion of the document.

Access the document here(Portuguese version only).