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CADE aprova resolução sobre consultas ao órgão

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3/17/2015 9:00 PM Demarest News

 

CADE approves resolution clarifying process for requesting clarification

 
Today, it has come into force, Resolution n. 56/2015 of the Administrative Council for Economic Defense (CADE), which regulates CADE's consulting proceeding, as set forth by Brazil's Competition Law.
 
According to the new Resolution, any interested party can file a request for clarification asking CADE's position about the application of the competition law on matters relating to merger regulation or the legality of acts, contracts, commercial strategy and conducts, planned or already initiated by the companies.
 
However, please note that CADE may transform the request for clarification into an investigatory procedure for illegal practices if it determines the existence of indicia of illegal conduct already implemented.
 
Only companies and individuals directly involved on the matter subject to consultation and entities or trade associations that represent a sector fall within the concept of interested party and are eligible for submitting a consultation to CADE.
 
In addition, inquiries involving hypothetical issues or issues relating to ongoing investigations will not be accepted; likewise, inquiries involving issues beyond CADE's jurisdiction or relating to matters already decided by CADE.
 
CADE's responses shall be binding for five years. During this period, however, CADE can reconsider its interpretation provided that new facts arise or for reasons related to the public interest. Also, as provided by the resolution, whenever the consultation relates to conflicting interpretation  of CADE's precedents, it can decide to grant additional effects to the request for clarification so as to resolve any conflicting rulings.
 
A fee of R$ 15,000.00 is required for submitting a request for clarification and CADE has a 120-day deadline to review it, counting from the date of its distribution. 

 

The consulting proceeding is an important tool that can be used by companies seeking for legal certainty in relation to conducts whose legality and admissibility are unclear. Nonetheless, companies aiming at getting CADE's stamp over their commercial policies should wait for CADE's decision before implementing those pretended policies in order to avoid the risk of being investigated for a wrongdoing. 
 
Demarest Advogados
Competition and Antitrust team 

 

Mario Nogueira mnogueira@demarest.com.br ​55 11 3356-1519
Bruno Drago bdrago@demarest.com.br 55 11 3356-1776​
​Paola Pugliese ppugliese@demarest.com.br ​55 11 3356-2084
​Milena Mundim mmundim@demarest.com.br 55 11 3356-2092
​Paula Amaral Salles pasalles@demarest.com.br 55 11 3356-2125

 


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