leniency agreements of CADE and CGU: which bureau is the most attractive?

Main Article Content

Gabriel Caser

Abstract

This article seeks to answer the question: Among the leniency agreements of CGU and CADE, which would be the most attractive for agents that are guilty of misconduct, and, consequently, results in a greater deterrent effect according to the criteria: (a) transparency of the process, (b) legal certainty; (c) sanctions; and (d) enforcement. In order to answer the question, we selected main aspects of the Antitrust Law, applied by CADE, and of the Anti-Corruption Law, applied by CGU, to be compared: (1) legislation, guidelines and directives for leniency agreements; (2) scope of each law; (3) intended reach of the laws; (4) requirements for each type of agreement; (5) benefits of each type of agreement; (6) disclosure requirements; and (7) noncompliance. Accordingly, the question is partially answered throughout the analysis. Although the two types of agreement are not mutually exclusive, we conclude that the leniency agreement of CADE stand out in the majority of these aspects.

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Article Details

Section
Revista de Defesa da Concorrência
Author Biography

Gabriel Caser

Graduando de Direito na Universidade de São Paulo (USP)