Office of the Superintendent-General of CADE signs the 108th leniency agreement and launches administrative proceeding

On 23 February, the Office of the Superintendent-General of the Administrative Council for Economic Defense (CADE) signed a leniency agreement with the company Task Sistemas de Computação. The firm voluntarily reported violations to CADE after conducting an internal investigation (see the public version of the Violation History, in Portuguese only).

It is the 108th leniency agreement signed under the scope of the Brazilian Competition Defense System: a sign of the consistency and resilience of the Antitrust Leniency Programme of CADE, recognised by its transparent procedures and predictable rules.

Based on the evidence provided by the signatory party, the Office of the Superintendent-General—the investigative arm of CADE—launched an administrative proceeding to examine an alleged cartel in procurement processes carried out by Confea, the Brazilian council for engineering and agronomy professionals. The procurement related to the acquisition of printing machines and laminators specific for PVC smart cards, inputs for these devices, plus warranty, technical support, and maintenance services.

Two companies and three individuals are under investigation for supposedly deciding the results of Confea’s procurement process.

Upon launching the administrative proceeding, the defendants are served process. At the end of the investigation, the Office of the Superintendent General issues an opinion suggesting convicting the defendants or dismissing the case. It submits this opinion to the Tribunal of CADE, the body responsible for reviewing it and making the final judgement.

In case of conviction, the companies are subject to fines ranging from 0.1% to 20% of their revenue and additional penalties. The authority grants total immunity from fines provided the signatory fulfils all leniency obligations by the end of the proceeding. 

Individuals, in turn, are subject to fines ranging from BRL 50 thousand to BRL 2 billion. Those in management positions are punishable by 1% to 20% of the amount imposed on the companies.

Access Case no. 08700.001284/2023-71.