Complaints to CADE about antitrust violations surged after the remodelling of the Clique Denúncia platform

The Administrative Council for Economic Defense (CADE) has an important ally in its role to combat anticompetitive practices: its crime reporting platform, Clique Denúncia. Anyone can report to CADE practices that harm competition in violation of the antitrust laws by using the platform. Witnesses may lodge complaints related to mergers and acquisitions, or to anticompetitive practices such as cartel behaviour. In 2020, CADE received more than 1,600 complaints via the platform.

The Coordinator-General of Antitrust Analysis at CADE, Felipe Roquete has stated that Clique Denúncia is important as it allows for direct communication with the public. The platform is an official channel for receiving reports and documents related to alleged antitrust violations, which supports CADE in its investigations.

In 2020, the Clique Denúncia platform was reformulated to be more user-friendly and offer an even safer environment to witnesses. In the new reporting form, only information that is strictly relevant for the analysis of the case is requested.

Moreover, this update introduced a new feature which allows witnesses to monitor the status of their reports. Roquete believes the feature creates a favourable environment for the Office of the Superintendent General to obtain additional information from witnesses, such as documents and evidence that corroborate their claims. This makes investigations more effective.

Another positive aspect Roquete pointed out about the update is that it allows witnesses to have their identities preserved, according to Directive SG 292/2019. Therefore, firms or individuals reported cannot have access to witnesses' personal information, preventing possible reprisals during investigations.

However, anonymous complaints are nothing new, as Roquete explained. ‘The Clique Denúncia platform has always allowed witnesses to lodge anonymous complaints as they were never required to present identification documents and/or digital certification’.

According to Roquete, the improvements made to the user interface only made it clear to witnesses that they can opt to have their identities preserved. Roquete understands that this assurance ‘makes Clique Denúncia more interesting and attractive for people willing to lodge a complaint about alleged antitrust violations.’

Positive feedback

The number of reports skyrocketed in 2020 after the new version of Clique Denúncia was made available. CADE received a record 1,668 reports in 2020. In October alone 372 complaints were lodged.

Even during the pandemic, the platform had a positive impact on investigations. The number of reports filed in 2020 increased by 175% in comparison with 2019 which saw 955 reports filed. You can check the number of reports lodged in the past four years in the chart below.

Roquete notes that most of the complaints lodged in the past year were related to cartel behaviour in the fuel retail sector, bid rigging in government procurements, or unilateral conduct. ‘90% of the reports were filed by individuals and 10% by firms and government bodies,’ he points out.

For Roquete, the remodelling of the Clique Denúncia platform has been a success. This year, he expects the Office of the Superintendent General to launch important investigations as a result of the complaints lodged. In the first four months of 2021 alone, CADE has already received 533 complaints.

Report an Antitrust Violation

If you suspect firms are engaging in conduct you believe violates the antitrust laws and wish to lodge a complaint, all you need to do is click on the button ‘Clique Denúncia’ on the main page of CADE's website and complete the form. It is quick and easy! Learn more about how to use Clique Denúncia.

Witnesses can report transactions that were not notified to CADE, potential breaches of Merger Control Agreements signed with the agency, and other claims related to transactions which have been approved by CADE. It is also possible to report cartels, tie-in sales of products and services, firms restraining activities of competitors, and other antitrust violations.

The complaint is assigned a unique number in the Electronic Information System (SEI) and is forwarded to the Office of the Superintendent General, which is responsible for assessing the information.

If there is evidence that the reported practise violates the antitrust laws, CADE launches an investigation. Then, the agency contacts the witness by e-mail to inform about the case. In case CADE has no jurisdiction to investigate a complaint, the witness is informed as well.

Once a complaint has been lodged, it is possible to monitor its status by accessing the public version of the investigation proceedings available at CADE's website.

Check out Clique Denúncia and get to know the platform.