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Soft law > Procedure

Guidelines for Competition Compliance Programs

Brazilian Administrative Council for Economic Defense, Guidelines for Competition Compliance Program, 2015

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Law 12.529/2011 (Competition Law) established a new structure for the Brazilian Competition Protection System (BCPS) in Brazil, of which the Administrative Council for Economic Defense (CADE) is part, and set out its functioning and powers. This Law was a milestone in the consolidation of Brazilian antitrust law, bringing about various innovations– such as the launch of a new institutional design, more efficient in carrying out the authority’s objectives – and reiterating the importance of fulfilling its provisions. Due to this renewed focus, one subject that has gained space on the competition agenda is compliance with competition law. Companies are becoming increasingly aware of the need to implement practices that do not infringe the Competition Law and that demonstrate a proactive attitude of the part of private entities. Due to these factors, the implementation of compliance programs has been multiplying. The purpose of these Guidelines is to address this reality and to establish non-binding directives for companies as regard these programs, such as what they consist of, how they can be implemented and what the benefits of their adoption are. These are suggestive guidelines (or a “menu” of options, to use terminology of the ICC1), which can be accepted or not based on the reality of each company.

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