CADE releases English version of its guide for submitting evidence in leniency applications

On 13 January 2022, the Administrative Council for Economic Defense (CADE) released the English version of its guide Parameters for Submitting Evidence in Leniency Applications. The initiative aims to broaden the international antitrust community's access to documents that guide CADE's work.

Published in September 2021, the guide’s purpose is to instruct governmental bodies on the parameters for submitting evidence in leniency negotiations, aiming at an improved assessment of reported violations. Moreover, it gives reference points to companies conducting internal investigations and resources for building effective compliance programmes.

The recommendations appear divided into the following categories: evidence from cartel cases heard by CADE’s Tribunal; direct evidence of agreement; indirect evidence of agreement; evidence of the practice's effects in Brazil; sufficient evidence; insufficient evidence, when presented in isolation; valid evidence; and evidence used to distinguish hard-core and soft-core cartels.

The English version of the guide is available here.