CADE's Antitrust Leniency Programme Guidelines advances in fight against cartels

On 3 September, the Administrative Council for Economic Defense (CADE) released the 2025 edition of the Antitrust Leniency Programme Guidelines, which consolidates the procedures adopted in leniency agreements, within the scope of the agency.    

The document preserves the institutional memory and offers guidance to civil servants, attorneys, and society, ensuring transparency, predictability, and legal certainty in agreements related to anticompetitive practices.   

Mr Alexandre Barreto, superintendent general at CADE, highlights that "The new edition reflects CADE's commitment to modernisation and transparency in the conduct of agreements. We incorporated important advances to make negotiations more efficient, increase the programme's effectiveness, and strengthen cooperation with other bodies. The aim is to ensure a healthier competitive environment, benefiting society as a whole," he concluded.  

Although the guidelines are not binding, they gather principles developed through the agency's experience in negotiating agreements, according to Law 12529/2011 and the Statutes of CADE, which are both normative.    

Main changes  

The new edition is organised according to the stages of negotiation and conclusion of agreements, and brings significant advances to the Brazilian antitrust policy.   

Among the main changes is the expansion of the list of conducts subject to agreement, which, in addition to traditional cartels, now includes practices such as wage-fixing, no-poach, buyers’ cartels, and exchange of sensitive information.    

The document also provides greater clarity on the criteria applicable to partial leniency, ensuring consistency with the policy on Cease and Desist Agreements.    

Furthermore, another change is the possibility of joint actions with the Office of the Comptroller General of Brazil (CGU) and the Office of the General Counsel for the Brazilian Federal Government (AGU) in bid rigging cases. The aim is to optimise investigative efforts and reduce collaboration costs.    

The guidelines also provide for an optional preliminary phase, allowing a contact with CADE to verify the viability of negotiating an agreement; the possibility of bringing forward negotiations for bidders who are on the waiting list; and the joint definition of a preliminary negotiation schedule, with deadlines established to make the procedures more objective and efficient.

Transparency and collaboration  

The new document is the result of a collaborative process, based on contributions received during working group activities, which included the participation of civil servants, attorneys, and academics, in addition to public hearings held by CADE. These steps were essential to ensure that the guidelines reflect the best practices, consider different perspectives, and bring greater transparency and legal certainty to Brazilian leniency programmes. 

Access CADE's 2025  Antitrust Leniency Programme Guidelines  and learn more (in Portuguese only).