More detailed cartel charge sheets needed to aid defenses, Brazilian bar members suggest

31 January 2017 9:56am

20th October 2016. By Ana Paula Candil, with additional reporting by Ana Rita Rego & Carolina Guerra

Official charge sheets against cartelists in Brazil should better define how each company was involved in the illegal scheme, members of the Brazilian bar suggested in a document dated Oct. 14, MLex has learned.

The Administrative Council for Economic Defense, or CADE, has yet to discuss the suggestions internally, it is understood.

Brazil’s competition law institute, IBRAC, and a committee associated with the Bar Association, CECORE, sent the regulator a proposal containing “good practices” officials should follow in antitrust cases last week.

Law practitioners argue the regulator should provide a more detailed account of how each company is involved in a cartel when officials formally launch a probe. Companies and executives are expected to file defenses on the basis of the document released at this point in the investigation.

More detailed information about their involvement in the cartel would help defendants contest allegations.

The document submitted is understood to make further suggestions about CADE’s conduct.

CADE’s tribunal, lower-tier investigative unit and legal team will all comment on the suggestions, it is understood.

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