Brazil

CADE (Conselho Administrativo de Defesa Economica) is the primary authority. The General Superintendence investigates and reviews mergers. The Administrative Tribunal makes final decisions. Appeals to federal courts.

Article 36 prohibits conduct that limits, restrains, or harms competition. Cartels are a criminal offence under Law 8,137/1990. CADE imposes administrative fines of 0.1-20% of gross revenues for companies.

Vertical agreements assessed under Article 36 for effects on competition. RPM, exclusive dealing, and tying evaluated under rule of reason. CADE has issued guidance on vertical restraints in e-commerce and franchise agreements.

Dominant position is presumed at 20% market share (can be adjusted by CADE). Abuse includes predatory pricing, refusal to deal, tying, and discrimination. CADE has been active in tech platform abuse cases.

Mandatory pre-merger notification for transactions where one group has gross revenues >BRL 750 million and the other >BRL 75 million. Suspensory obligation (gun-jumping prohibited). Fast-track procedure for simple cases (~85% of filings). Standard review up to 330 days.

CADE's leniency programme offers full administrative and criminal immunity to the first applicant. Available for cartels and other collusive practices. Marker system available. Leniency Plus encourages disclosure of additional infringements.

Cease-and-desist agreements (TCCs) allow parties to settle cases with CADE, including fine reductions. Available for cartel and non-cartel cases. TCCs require acknowledgement of participation and cooperation. Used frequently in cartel enforcement.

Administrative fines: 0.1-20% of company gross revenues in the year prior to investigation. Individual fines: 1-20% of company fine. Criminal penalties (for cartels): 2-5 years imprisonment. Gun-jumping fines and penalties.

No specific digital markets legislation. CADE uses existing competition law for tech platform cases. Active enforcement against Google (comparison shopping, Android). Digital competition policy studies underway. Proposed platform regulation bills in Congress.

CADE has general jurisdiction. Sector regulators (ANATEL for telecoms, ANEEL for energy, BACEN for banking, ANS for health insurance) issue non-binding opinions on competition matters in regulated sectors.

CADE has dawn raid powers (search and seizure with judicial authorisation). Administrative requests for information and documents. Cooperation with Federal Police for criminal cartel investigations. Digital forensics capabilities.

Private damages claims theoretically available under civil law. However, private antitrust enforcement in Brazil remains rare. No specific antitrust damages framework. Class actions possible through public civil action mechanism.

CADE has cooperation agreements with 15+ authorities including the US, EU, and BRICS countries. Active member of ICN, OECD Competition Committee, and BRICS competition forum. Regular coordination on multi-jurisdictional merger reviews.

Active gun-jumping enforcement (major fines in 2024). Continued cartel enforcement in fuel distribution, healthcare, and construction. Digital platform investigations. Growing focus on algorithmic pricing and data-driven competition issues.