What rights do defendants have in antitrust investigations in Brazil?
The Administrative Council for Economic Defense (CADE) is an adjudicatory administrative entity with jurisdiction to investigate, prosecute and judge anticompetitive conducts. While CADE’s Tribunal is responsible for deciding the cases, CADE’s General-Superintendence (GS) concentrates all tasks related to investigation and prosecution of anticompetitive conduct.
As these two tasks are carried out by two bodies within the same agency and as the line between them may sometimes be blurred, the Brazilian Antitrust Law provides for three types of administrative procedures that the GS may use to investigate possible anticompetitive conduct, with different levels of investigative and prosecution powers and different levels of rights granted to the investigated parties
Considering this peculiarity of the Brazilian Antitrust System, the following section provides an overview of the rights of defendants in each of the three types of administrative procedures provided by the Brazilian Antitrust Law: (i) the preparatory proceeding; (ii) the administrative inquiry; and (iii) administrative proceeding...
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