Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The 2011 Act entirely remodeled the Brazilian Defense of Competition System (Sistema brazileiro de defesa da concorrência - SBDC). Under the 1994 Act, the SBDC was made up of three authorities: the CADE, an autonomous government authority (autarquia federal) reporting to the Minister of Justice; the SDE (Secretaria de Direito Econômico - Secretariat of Economic Law) which lies within the Ministry  …

The CADE (Conselho Administrativo de Defensa Econômica) and Tribunal

The 2011 Act entirely remodeled the Brazilian Defense of Competition System (Sistema brazileiro de defesa da concorrência - SBDC). Under the 1994 Act, the SBDC was made up of three authorities: the CADE, an autonomous government authority (autarquia federal) reporting to the Minister of Justice; the SDE (Secretaria de Direito Econômico - Secretariat of Economic Law) which lies within the Ministry of Justice and had a supporting role towards the CADE in investigating possible violations of the Competition Act; and the SEAE (Secretaria de Acompanhamento Econômico - Secretariat for Economic Monitoring), placed under the auspices of the Ministry of Finance, which provided regulatory analysis (including price monitoring) and economic monitoring (in a macroeconomic context) mainly in the field of merger control. 

The inefficiencies resulting from the overlapping of those three agencies' jurisdictions led the Brazilian legislator to retain only one authority responsible for investigating cases and making decisions - the CADE. The 2011 Act significantly altered the CADE's composition, which is now made up of three organs: the Tribunal Administrativo de Defesa Econômica - TADE (Administrative Tribunal of Economic Defense), the Superintendência-Geral (Superintendent-General) and the Departamento dos Estudios Econômicos (Department of Economic Studies). Decree No 9.011 of 23 March 2017 brought amendments to the CADE's organization and the terms of appointment of its members.

The TADE, which since 30 March 2017 is called Tribunal, comprises seven members - a President and six Councilors - appointed for a four-year term, renewable once, by the President of the Republic, after approval by the Federal Senate. Its decisions must be taken by a majority vote, with the presence of at least four members and a quorum of at least three members. Section 9 of the Act lists the matters that come under the TADE's jurisdiction: its main function is to take preventive and punitive measures against infringements of the Competition Act and, more generally, against violations of the Brazilian economic order. It hears and decides cases involving breaches of the substantive provisions of the law, orders the cessation of unlawful activity and the implementation of any commitments made to remedy the same, approves settlement agreements, assesses on appeal any interim preventive orders made by the case-handling Councilor or the Superintendent and imposes fines on corporations and individual managers responsible for such unlawful conduct. A comprehensive definition of the TADE's functions can also be found in Section 20 of the 2017 Decree.

The 2011 Act merged the SDE with the CADE, which resulted in the establishment of a new body: the Superintendent-General. Its main functions are to monitor business activities and practices, conduct preliminary inquiries, and more generally, to assist the TADE in adopting its decisions, by referring cases and requesting data from undertakings, authorities or individuals (See also Section 18 and 23 of the 2017 Decree). The Superintendent-General may also propose settlement agreements to the TADE, adopt interim measures and is responsible for the implementation of the TADE's decisions.

Finally, the Department of Economic Studies, headed by a Chief-Economist, is responsible for drawing up economic studies, either ex officio or upon request of the TADE, of the President, of the Case-handling Councilor or the Superintendent-General.

The SEAE (Secretaria de Acompanhamento Econômico) - the second remaining body of the SBDC - had a major role in merger control under the 1994 Act. During the first years of implementation of the 2011 Act, it primarily retained an advisory and advocacy function. Its ineffficiency in this regard led to its division into two different bodies by Decree No 9.299/2018 of 16 January 2018: the Secretariat for Fiscal Monitoring, Energy and Lotteries (Secretaria de Acompanhamento Fiscal, Energia e Loteria - SEFEL) and the Secretariat for the Promotion of Productivity and Competition Advocacy (Secretaria de Promoção da Produtividade e Advocacia da Concorrência - SEPRAC). Since 2018, the SEPRAC has specifically focused on competition advocacy.

The Secretariat for the Promotion of Productivity and Competition Advocacy - SEPRAC (Secretaria de Promoção da Produtividade e Advocacia da Concorrência)

Global Competition Law

827. The CADE (Conselho Administrativo de Defensa Econômica) and Tribunal

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Les notions juridiques connexes

827. The CADE (Conselho Administrativo de Defensa Econômica) and Tribunal

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise