CADE’s representatives attend seminar on judicialisation of Competition Law

On 11 and 12 June, the National Council of Justice (CNJ) will host the seminar Defesa da Concorrência em Juízo, organised in partnership with the Administrative Council for Economic Defence (CADE), the Office of the Attorney General (AGU), and the National Council of Public Prosecutors' Office (CNMP), aimed at strengthening the dialogue among these bodies.

The event will gather experts and authorities from the Brazilian legal community, including Edson Fachin and Gilmar Mendes, Ministers of the Brazilian Supreme Court (STF), as well as Jorge Messias, Minister from AGU, to lead panel discussions on complex issues regarding competition law, from a judicial perspective.

CADE will be represented by Interim President Diogo Thomson, Superintendent General Alexandre Barreto, Commissioner Carlos Jacques, Federal Prosecutor André Freire, and Chief Economist Lilian Marques, in addition to other civil servants who will also contribute to the debate.

Check out the event's full schedule and sign up here.

11 June:

Keynote Speech - Standard of Proof and Evidentiary Assessment in Competition Law: an OECD Perspective (6:30 PM, local time)

Mr Pablo Ramírez Ayala (OECD)

Opening Session (7:30 PM, local time)

Minister Luiz Edson Fachin (STF)

Minister Jorge Rodrigo de Araujo Messias (AGU)

Ms Adriana Maia Venturini (PGF)

Mr Diogo Thomson de Andrade (CADE)

Mr Luís Macagnan Freire (PFE/CADE)

Mr Paulo Gonet Branco (PGR)

Mr Ubiratan Cazetta (MPF/CADE)

Cocktail Reception (9:00 PM, local time)

12 June:

1st Panel - Overlapping Enforcement Jurisdictions: Institutional Autonomy or Double Jeopardy? (9:00 AM, local time)

The debate aims to address the multiple bodies responsible for investigating violations, as well as the legal implications of reaching agreements and imposing sanctions in more than one jurisdiction.

Mr André Luís Macagnan Freire (PFE/CADE)

Mr Ubiratan Cazetta (MPF/CADE)

Mr Vinicius Marques de Carvalho (CGU)

Mr Alexandre Barreto de Souza (CADE)

2nd Panel - Challenges in the Evidence System and Presumptions for the Conviction of Cartels (10:30 AM, local time)

The panel aims to debate the standard of proof required to constitute an antitrust violation, the application of analysis categories (object/effects, per se/rule of reason), and the possibility of evidence to the contrary through economic expert analysis on the conditions of the cartel or the effects of the conduct.

Moderator: Ms Renata Maria Periquito Pontes Cunha (PGF)

Ms Karen Louise Jeanette Kahn (MPF)

Mr Diogo Thomson de Andrade (CADE)

Ms Ana de Oliveira Frazão (UnB)

Lunch Break (12:00 - 2:00 PM, local time)

3rd Panel - CADE’s Preventive Measures: Provisional Remedy or Pre-judgement of the Case? (2:30 PM, local time)

The discussion aims to deepen the procedures and requirements for preventive measures, appropriate timing and circumstances for their application, and criteria for judicial review.

Moderator: Ms Verônica de Souza Ribeiro Chaves (PGF)

Ms Ana Carolina Roman (TRF-1)

Mr Felipe Neiva Mundim (CADE)

Mr Pablo Ramírez Ayala (OECD)

4th Panel - Statistics, Charts, and Figures: The Influence of Economic Analysis on the Legal Assessment of Antitrust Cases (3:30 PM, local time)

 The panel aims to discuss the relevance of economic arguments, as well as the use of economic expert reports in establishing violations and analysing the validity of CADE’s decisions.

Moderator: Ms Lilian Santos Marques Severino (DEE/CADE)

Mr Pablo Zuniga Dourado (TRF-1)

Mr Guilherme Mendes Resende (IDP)

Ms Karla Margarida Martins Santos (PFE/CADE)

5th Panel - Was the Price Too High? Criteria for Setting and Enforcing Fines Imposed by CADE (4:30 PM, local time)

The debate aims to address the legal, regulatory, and case-law criteria for calculating fines, application of the ability-to-pay principle, obstacles to the effectiveness of financial penalties, and implications for the Judiciary.

Moderator: Ms Vivian Marques Severino (MPF/CADE)

Ms Clara da Mota Pimenta Alves (CNJ)

Mr Carlos Jacques Vieira Gomes (CADE)

Mr Humberto Cunha dos Santos (PFE/CADE)

Closing Session: Minister Gilmar Ferreira Mendes (5:30 PM, local time)