Information Exchange among competitors: The lay of the land in enforcement in Brazil
The Brazilian antitrust authorities have lived up to their promise to strengthen enforcement and step up sanctions against cartels since the first leniency agreement was executed and the first dawn raids were conducted in 2003. Changes to the antitrust statute, enforcement action and case law in the last few years indicate that this trend it not about to be reversed. Also, possibly as a response to stricter enforcement, CADE seems to have been expanding its enforcement beyond conduct that is treated as hard-core in most other jurisdictions, such as information exchange between and among competitors.
For an overview on the relevant rules and enforcement practice in Brazil regarding this development, please see the article "Information Exchange among competitors: The lay of the land in enforcement in Brazil", by partners Ana Paula Martinez and Mariana Tavares de Araujo, published in the cartel column of the Competition Policy International website.