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


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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

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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