On May 26, 2016, the Brazilian Administrative Council for
Economic Defense (CADE) launched Leniency Guidelines and amended
the leniency provisions included in its Internal Rules,
consolidating its practice regarding the application, negotiation
and execution of leniency agreements.
The Guidelines are intended to serve as guidance to the general
public, companies, private practitioners, as well as other
authorities, such as the Public Prosecutors' Office, on how
CADE enforces its Leniency Program. At the same time, the Internal
Rules are binding to CADE and have the purpose to provide legal
certainty as to the way proceedings are conducted before CADE.
The Brazilian Leniency Program was launched in 2000, through an
amendment to the 1994 Competition Law. The first agreement was
signed in 2003 and over 50 agreements have been signed to date;
CADE's Tribunal has already issued a final decision in six of
these cases. The effectiveness of the program is built upon
