The Administrative Council for Economic Defense CADE launched, on December 18th 2015, the English version of the draft Frequently Asked Questions on the agencys Antitrust Leniency Program. The FAQ comprehends the best practices and proceedings usually adopted by CADEs General Superintendence when negotiating and signing leniency agreements. The Portuguese version was published in November 2015.
The FAQ represents a milestone in the history of the Leniency Program in Brazil, reflecting CADEs experience with leniency agreements negotiations built in the past 15 years, in line with the international best practices. The general objective of the document is to strengthen and expand CADEs Leniency Program, increasing transparency and legal certainty on the negotiation rules and proceedings.
The document was drafted in a Q&A format, explaining in a clear and direct way the general aspects of CADEs Leniency Program, and the main steps in the negotiation and execution of the agreement.
Although the FAQ is not binding, a significant part of its content stems directly from Law No. 12.529/2011 and CADEs Internal Statute (Regimento Interno do CADE RICADE), which are both binding. The document aims at preserving institutional memory, providing interpretation of the existing norms, and serving as a reference to leniency agreements negotiations.
With the publication of the English version of the draft FAQ on CADEs Antitrust Leniency Program, the deadline for comments by the society and other institutions and competition authorities was extended until February 10th 2016.
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