Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Small and developing competition agencies – CADE BRAZIL– December 2017 OECD discussion

1,000 views

Published on

This presentation by the Brazilian Competition Authority (CADE) was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.

  • Be the first to comment

  • Be the first to like this

Small and developing competition agencies – CADE BRAZIL– December 2017 OECD discussion

  1. 1. Cooperation with the Public Prosecutors and Enforcement agencies in Brazil Alexandre Barreto de Souza CADE’s President Paris, 8 December 2017
  2. 2. 2 Context and challenges • Corruption challenges are closely related to the antitrust agencies’ core responsibilities. • Competencies over corruption and anti-corruption issues – Comptroller General (CGU) – Federal Court of Accounts (TCU) – National and Federal Public Prosecutors 2
  3. 3. 3 Legislative changes and CADE’s Strategy • Enactment of the Brazilian Anti-Corruption Law (Law 12,846/13) – enables public bodies to enter into leniency agreements with private entities responsible for anti-corruption acts provided for in the said statute – anti-corruption legal regime enables private companies to collaborate with the public administration to help identify other companies involved in a given corruption case and to readily obtain information and documents proving the illicit act • Establishment of close working links with different public bodies. – 27 Technical Cooperation Agreements 3
  4. 4. 4 Instruments of Cooperation • Prosecution Services – Technical Cooperation Agreements with Prosecution Services from 10 Brazilian States – Memorandum of Understanding with the Prosecution Service in the State of São Paulo (MPF/SP) and with the Federal Prosecution Service 4
  5. 5. 5 Instruments of Cooperation • Court of Accounts – 4 Technical Cooperation Agreements • Comptroller General Offices – 3 Technical Cooperation Agreements; – Access to the Public Expenditure Observatory 5
  6. 6. 6 Petrobrás bid rigging • Petrobrás (Administrative Proceeding 08700.002086/2015-14) – Investigations started in 2015 – Signing of a Leniency Agreement between CADE, two companies and individuals and the MPF/PR, – Evidence of price fixing; market division in public bids for “onshore” industrial construction works – Involvement of the biggest companies in the construction sector in Brazil – Contracts linked to the public bids sum up to BRL 35 billion (more than U$D 10 billion) – Signing of a Cease and Desist Agreements (TCC’s) with three of the companies involved and six individuals 6
  7. 7. 7 Bid rigging in the Transportation Sector • Transportation Sector (Administrative Proceeding 08700.004617/2013- 41) – Investigations started in 2013 – Signing of a Leniency Agreement between Siemens, CADE, MPF and MP/SP – Price fixing; Market division and adjustments of advantages and conditions in train and subway public bids – Contracts linked to the public bids sum up to BRL 9.4 billion (about U$D 3 billion), involving 5 Brazilian States with the largest GDP in the country – Cooperation in the collection and production of evidence with the Federal Police, MPF and MP/SP – Forwarding of the information collected to the bodies responsible for criminal prosecution 7
  8. 8. 8 Leniency agreements per year 8 10 1 6 10 11 21 1 1 4 5 6 3 3 6 7 0 5 10 15 20 25 30 2012 2013 2014 2015 2016 2017* Leniency Agreements Addendum Leniency Plus 117 agreements in 6 years
  9. 9. Merci! Alexandre Barreto de Souza CADE’s President International@cade.gov.br

×