{"id":86300,"date":"2025-08-06T13:39:15","date_gmt":"2025-08-06T13:39:15","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=86300"},"modified":"2025-08-14T13:42:23","modified_gmt":"2025-08-14T13:42:23","slug":"brazil-competition-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/brazil-competition-litigation\/","title":{"rendered":"Brazil: Competition Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-86300","comparative_guide","type-comparative_guide","status-publish","hentry","guides-competition-litigation","jurisdictions-brazil"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Carrilho Donas, Guimar\u00e3es e Falek Advogados<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/08\/Firm-logo-4.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Carrilho Donas, Guimar\u00e3es e Falek Advogados<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2024\/08\/Firm-logo-4.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Competition Litigation laws and regulations applicable in Brazil<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of conduct and causes of action can be relied upon as the basis of a competition damages claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Any conduct with the potential to restrain, distort, or harm competition shall constitute an antitrust violation, irrespective of whether such effects are realized and regardless of the wrongdoer\u2019s intent. Among the actions that may constitute antitrust violations are explicit or tacit agreements between competitors to fix prices or allocate markets, exchange of competitively sensitive information, price discrimination, and resale price maintenance.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is required (e.g. in terms of procedural formalities and standard of pleading) in order to commence a competition damages claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The duty to compensate is imposed on those who violate the rights or cause harm to others. To bring a lawsuit, the claimant must demonstrate (i) the offender&#8217;s conduct, (ii) the occurrence of damage, and (iii) the causal link between the infringing conduct and the damage.<\/p>\n<p>Article 47 of the Brazilian Competition Act (Law No. 12,529\/2011) empowers anyone who has suffered the consequences \u2013 typically customers or competitors of the wrongdoer \u2013 of antitrust violations to seek redress for damages in civil lawsuits brought before the Brazilian courts. Such lawsuits may also be initiated by third parties legally authorized to act in the public interest, including (a) the Public Prosecutor\u2019s Office; (b) representatives of the Federal Government, the States, Municipalities, and the Federal District; (c) agencies and entities directly or indirectly connected to the public administration, especially those aimed at defending consumer rights; and (d) associations that have been in operation for at least one year and whose institutional goals include the defence of consumer interests and rights.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What remedies are available to claimants in competition damages claims?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Claimants may seek compensation for both monetary and moral damages, in addition to obtaining injunctive relief to halt the illegal conduct. Monetary damage refers to the loss incurred to a person\u2019s assets, encompassing the loss of goods or items with economic value. Conversely, moral damage pertains to the violation of an individual\u2019s honour or image, resulting from an offense against personality rights, such as intimacy, privacy, honour, and image.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the measure of damages? To what extent is joint and several liability recognised in competition damages claims? Are there any exceptions (e.g. for leniency applicants)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Brazilian law stipulates that the aggrieved party is entitled to full indemnification for damages. This includes monetary damages arising from actual losses incurred (emergent damages) and the amounts a person can no longer receive (loss of profits). If monetary damages result from cartel violations, those affected will be entitled to double compensation for the losses without prejudice to sanctions imposed in administrative and criminal proceedings.<\/p>\n<p>Article 942 of the Brazilian Civil Code establishes that liability for illicit acts is joint and several. Therefore, each party involved in a conspiracy is fully responsible for paying all damages resulting from the conspiracy. As a result, the aggrieved party or the third parties mentioned above may choose to bring civil suits against all parties to the conspiracy or against only one or some of the wrongdoers.<\/p>\n<p>If the aggrieved party is fully compensated by one of the wrongdoers, they may not seek further compensation from the other wrongdoers. This is because, under Brazilian law, the payment of the entire debt by one of the jointly liable debtors releases the remaining co-debtors from the obligation. However, the wrongdoer who compensated the aggrieved party may seek contribution for the damages paid from other parties to the conspiracy. If the aggrieved party is only partially compensated by one of the parties to the conspiracy, they may claim the balance from the other wrongdoers, deducting the amount already received.<\/p>\n<p>The signatories of a leniency agreement or a cease-and-desist agreement are only responsible for the damage they caused to the injured parties. They are not subject to double compensation for the damage caused, nor are they jointly and severally liable for the damage caused by other perpetrators of anticompetitive practices.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the relevant limitation periods for competition damages claims? How can they be suspended or interrupted?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The statute of limitations for claims for compensation for damages caused by violations of the competition order is five years, starting from the \u201cunequivocal knowledge of the illicit act\u201d. Unequivocal knowledge of the offense is considered to occur upon CADE\u2019s publication of the final judgment of the administrative investigation. The statute of limitations will not run during the investigation or administrative investigation within the scope of CADE.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Which local courts and\/or tribunals deal with competition damages claims?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The rules of territorial and material jurisdiction are defined in the Brazilian Code of Civil Procedure (Law No. 13,105\/2015), which provides that lawsuits seeking compensation for damages must be brought before the venue with jurisdiction over the location of the act or fact giving rise to the damages. When damages are caused to the federal government or a federal state-owned company, the lawsuit must be filed in federal court. All other cases must be filed in state court.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine whether it has jurisdiction over a competition damages claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Brazilian courts can handle lawsuits if any of the following conditions are met: (a) the defendant lives or has offices in Brazil; (b) the obligation or duty that is being disputed must be carried out in Brazil; or (c) the lawsuit is based on events or actions that took place in Brazil. Internal jurisdiction, which determines which specific court within Brazil will hear the case, follows the rules in the Code of Civil Procedure (see section 5 above). It considers the location where the events that caused the damage occurred.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court determine what law will apply to the competition damages claim?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Brazilian law applies to events occurring in Brazil or involving companies located in the country, as explained in section 6 above. Brazil has adopted the system of rational persuasion for assessing evidence, also known as the system of free-motivated conviction, whereby the judge is free to form his conviction by weighing the evidentiary elements collected in the case records, provided he presents the grounds of fact and law.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the applicable standard of proof?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent are local courts bound by the infringement decisions of (domestic or foreign) competition authorities?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The civil, criminal, and administrative jurisdictions are independent and autonomous, meaning that decisions made in one sphere do not bind the others. Consequently, as a rule, a condemnatory decision by the administrative authority is not sufficient to impose an obligation to pay civil compensation. However, a 2022 legislative amendment introduced a provision allowing CADE&#8217;s final decision to substantiate the granting of injunctive relief, enabling the judge to issue provisional rulings in related actions.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">To what extent can a private damages action proceed while related public enforcement action is pending? Is there a procedure permitting enforcers to stay a private action while the public enforcement action is pending?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As explained in section 8, the civil and administrative jurisdictions are independent. This means a private damages action can proceed even while a public enforcement action is pending. There is no legal provision allowing enforcement authorities to suspend a private action while a public enforcement action is pending.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, mechanisms are available to aggregate competition damages claims (e.g. class actions, assignment\/claims vehicles, or consolidation of claims through case management)? What, if any, threshold criteria have to be met?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Class actions may be initiated by third parties legally authorized to act in the public interest, including: (a) the Public Prosecutor\u2019s Office; (b) representatives of the Federal Government, States, Municipalities, and the Federal District; (c) agencies and entities directly or indirectly connected to the public administration, particularly those focused on defending consumer rights; and (d) associations that have been operational for at least one year and whose institutional goals include the defence of consumer interests and rights.<\/p>\n<p>A successful claim benefits all members of the group, class, or category affected by the violation of rights. Any member of this group may rely on the favourable judgment to pursue compensation through individual liquidation proceedings, but they also have the option to file a separate individual compensatory claim. A decision denying the claim should not prejudice third parties and does not preclude the initiation of a new class action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any defences (e.g. pass on) which are unique to competition damages cases? Which party bears the burden of proof?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Brazilian law generally imposes on each party the burden of proving its allegations. While a defence based on the pass-on of losses resulting from an antitrust infringement is possible, the Brazilian Competition Act requires the defendant to prove that the aggrieved party has increased the price of its products or services sold to its customers at the downstream market-level.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is expert evidence permitted in competition litigation, and, if so, how is it used? Is the expert appointed by the court or the parties and what duties do they owe?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Brazilian Code of Civil Procedure provides that the judge will be assisted by a court-appointed expert when the evidence of a fact requires technical or scientific knowledge. Court-appointed experts are selected from among legally qualified professionals and technical or scientific bodies duly registered in a registry maintained by the court. The parties may also hire experts to prepare technical questions or materials for the court-appointed expert. When the court-appointed expert submits their report, specialists employed by the parties can assist in refuting or commenting on the conclusions of the court-appointed expert. The judge shall deny the production of expert evidence when: (i) proving the fact does not require special technical knowledge; (ii) it is unnecessary in light of other evidence produced; or (iii) verification of the fact is impracticable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Describe the trial process. Who is the decision-maker at trial? How is evidence dealt with? Is it written or oral, and what are the rules on cross-examination?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Brazil, the trial process is presided over by the competent judge and comprises five distinct phases. In the first phase, the plaintiff formalizes their claim and presents documentary evidence to substantiate their right. The subsequent phase is defence, during which the defendant presents their defence and counterevidence. The third phase, the evidentiary phase, involves the judge analysing the evidence submitted by the parties and potentially ordering the collection of additional information if deemed necessary. This phase may include hearings for testimony and expert assessments. The following is the decision phase, where the judge reviews all facts and evidence, applies the relevant law, and issues a final decision. If either party disagrees with the judgment, they may appeal to a higher court. This will be the appeal phase.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it typically take from commencing proceedings to get to trial? Is there an appeal process? How many levels of appeal are possible?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no specific public statistics for damages claims in antitrust cases. In general, a lawsuit for damages can take up to three years to reach a judgment. The appeal phase typically takes longer and may extend up to 10 years before a final judgment is rendered.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do leniency recipients receive any benefit in the damages litigation context?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>See question 4 above.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How does the court approach the assessment of loss in competition damages cases? Are \u201cumbrella effects\u201d recognised? Is any particular economic methodology favoured by the court?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Brazil, compensation is measured by the extent of the damage, which the aggrieved party must demonstrate. As previously explained (see section 3 above), damages caused by cartels give rise to double compensation. The extent of the damage is typically determined through expert evidence, which considers financial information and documents to establish the loss caused by overpricing. It is not uncommon for experts to use counterfactual scenarios to infer the damage, comparing the prices charged with those that would have been expected had the competition infringement not occurred. There is still no record of lawsuits involving \u201cumbrella effects\u201d in Brazil.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is interest calculated in competition damages cases?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Compensation must be adjusted for monetary correction and interest. Brazilian courts have established that interest and monetary correction accrue from the date of the harmful event in cases of monetary damages , while the compensation for moral damages must be monetarily updated from the date it is determined by court decision.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can a defendant seek contribution or indemnity from other defendants? On what basis is liability allocated between defendants?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>As explained in question 4 above, liability for illicit acts is joint and several. If the aggrieved party is fully compensated, the wrongdoer who provided the compensation may seek contribution for the damages paid from other parties to the conspiracy.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">In what circumstances, if any, can a competition damages claim be disposed of (in whole or in part) without a full trial?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The case may be dismissed early if the legal and procedural requirements necessary for filing and processing the claim are not met and if the claimant fails to correct the identified defects within the stipulated time. Another reason a competition damages claim may be resolved without a full trial is if it is settled out of court by the parties involved. If the parties reach an agreement, it must be approved by the competent court to conclude the legal action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, mechanism is available for the collective settlement of competition damages claims? Can such settlements include parties outside of the jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Defendants in class actions seeking redress for damages caused by anticompetitive practices may enter into a Conduct Adjustment Agreement, which obligates the signatory to cease the harmful conduct and to compensate the community and individuals for damages. Noncompliance with the conditions outlined in the agreement may result in penalties and the continuation of further class actions on the same matter.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What are the rules for disclosure of documents (including documents from the competition authority file or from other third parties)? Are there any exceptions (e.g. on grounds of privilege or confidentiality, or in respect of leniency or settlement materials)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Brazilian courts may classify sensitive documents or entire case files as confidential. Only the parties directly involved in the dispute are granted access to the documents in such instances. The undue disclosure of this material may constitute a breach of judicial secrecy, a crime punishable by fines and imprisonment. It may also subject the responsible party to compensation for any resulting damages.<\/p>\n<p>Documents produced during CADE&#8217;s administrative investigations may also be treated confidentially, with access limited to the parties involved in the proceedings. However, there are precedents in which courts have authorized third parties to access the full confidential agreements entered into with CADE after the Brazilian competition authority has issued its final decision.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What procedures, if any, are available to protect confidential or proprietary information disclosed during the court process?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can litigation costs (e.g. legal, expert and court fees) be recovered from the other party? If so, how are costs calculated, and are there any circumstances in which costs recovery can be limited?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The losing party is required to reimburse the prevailing party for court costs, including filing fees, expert fees, and other related expenses. Additionally, the losing party must pay the prevailing party&#8217;s attorneys&#8217; fees, which are typically set between 10% and 20% of the case&#8217;s value.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties permitted to fund competition litigation? If so, are there any restrictions on this, and can third party funders be made liable for the other party\u2019s costs? Are lawyers permitted to act on a contingency or conditional fee basis?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Third-party funding of damages claims is not a prevalent practice in Brazil. The absence of specific regulations on the matter may lead to uncertainties regarding its legality, potentially likening it to the predatory litigation that Brazilian courts seek to combat. That said, the practice is not expressly prohibited by any rule, leaving room for potential use within the legal framework. Meanwhile, lawyers in Brazil are authorized to work based on contingency or conditional fees, a practice that is quite common.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, in your opinion, are the main obstacles to litigating competition damages claims?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The primary obstacles to the proliferation of actions seeking redress for damages caused by antitrust violations in Brazil have historically been the uncertainty surrounding the commencement of the limitation period and the challenges in producing evidence of the damages resulting from unlawful conduct. Legislative amendments introduced in 2022 aimed to address these issues, to encourage and facilitate the filing of claims by parties harmed by anticompetitive practices. The new rules clarified the starting point of the limitation period, introduced the possibility of double compensation for damages, and eased the burden of proof by shifting the obligation to the defendant to demonstrate that the losses were passed on to third parties (\u201c<em>pass-on defence<\/em>\u201d). Additionally, the reforms allowed for the issuance of preliminary decisions based on CADE&#8217;s administrative rulings.<\/p>\n<p>Another factor hindering the proliferation of such actions is the lack of awareness among companies and individuals regarding the detrimental effects of competition violations. This lack of understanding often leads to insufficient recognition of the damages incurred due to unlawful conduct. Despite the ongoing efforts of competition authorities, this issue remains insufficiently acknowledged. Finally, the protracted duration of legal proceedings and the costs associated with hiring specialists contribute to diminishing the interest of potential claimants.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, in your opinion, are likely to be the most significant developments affecting competition litigation in the next five years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The 2022 legislative changes are still relatively new, and their impact should become more evident with increased investigative efforts by CADE and a resurgence in the number of convictions. In this regard, enhanced clarity regarding limitation periods and reversing the burden of proof in cases involving pass-on defences address or mitigate the primary procedural challenges associated with initiating new lawsuits.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">3026<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/86300","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=86300"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}