Examples of Brazilian Competition Law in a sentence
An example in Brazil is the Security Revolving Doors Cartel (Administrative Proceeding 08012.009611/2008-51), which, according to studies by the Department of Economic Studies of CADE, the collusion resulted in overpricing of 25%11.Considered an extremely serious anticompetitive practice, cartel behaviour is covered in Law 12529/2011 (the Brazilian Competition Law), in its article 36, section 3, subsection 1(d):Art.
The SEAE has an important role on issues that arise from the interface between the enforcement of the Brazilian Competition Law and the application of rules issued by regulatory agencies, as well as the measures related to trade and industrial policies.293 The Competition Law of 2011.
The Article 85 of the Brazilian Competition Law, Law nº 12.529/2011, foresees CADE’s settlement policy by means of the Cease and Desist Agreement (TCC in its acronym in Portuguese).
Cade’s Leniency Program is a set of initiatives aimed at detecting, investigating, and punishing offenses against the economic order; informing and permanently orienting companies and citizens in general regarding the rights and guarantees set forth in articles 86 and 87 of Law nº 12.529/2011 (the Brazilian Competition Law) and in articles 196 to 210 of RiCade; and incentivizing, orienting, and assisting leniency applicants to enter into Leniency Agreements.
As set forth in article 2, the introductory paragraph of the Brazilian Competition Law (Law nº 12.529/2011), Cade’s Leniency Program comprises conduct committed wholly or in part within the Brazilian territory or even in another jurisdiction, as long as they produce or may produce effects in Brazil.
This paper addresses the imposition of penalties of prohibition from participating in government procurements, more precisely the disqualification of bidders and company directors due to antitrust violations as per the Brazilian Competition Law and CADE’s precedents.
Brazilian Competition Law redefined the structure and responsibilities of the government agencies in charge of administering the BCPS.
Apart from fines, the Brazilian Competition Law provides other sanctions, such as publication of the decision in a major newspaper at the wrongdoer’s expense; the prohibition of the wrongdoer from participating in public procurement procedures and obtaining funding from public banks for up to five years; and recommendation to the fiscal authorities not to allow the company involved in the wrongful conduct to pay taxes in installments or to obtain tax benefits.
The new Brazilian Competition Law was adopted on 30 November 2011 and entered into effecton 29 May 2012 (Law nº 12.529/11).
The Brazilian Competition Law explicitly states prohibitions related to conflict of interest for Administrative Tribunal members (President and Commissioners), in the article 8, including the periods after the end of their terms (quarantine period – §1).