CADE approves new resolution to regulate the access to documents and information in antitrust investigations
On 09.05.2018, CADE approved a new resolution to regulate the access to documents and information in administrative procedures carried out by the antitrust authority to investigate anticompetitive practices.
With the purpose and the potential to promote civil lawsuits for damages caused by antitrust violations, the new rules establish certain conditions in which third parties may have access to confidential information and documentation, such as specific legal provisions, judicial decisions, authorization granted by the leniency beneficiaries and/or defendants who entered into Cease-and-Desist Commitments with CADE, and international cooperation.
The resolution also establishes that CADE’s General Superintendence and Tribunal may consider compensations in the context of civil lawsuits as a mitigating factor upon calculating fines in the context of Cease-and-Desist Commitments and/or conviction for antitrust infringement.
