Concurrences

Brazil: Compliance Programs and Abuse of Dominance Practices under Brazilian Competition Law – A Roadmap for Compliance Monitors

Mr. Oliveira Fernandes’ initiative consists of an article dealing with "Compliance programs and abuse of dominance practices under Brazilian competition law – A roadmap for compliance monitors." The Brazilian antitrust authority (Portuguese acronym CADE) has been following a worldwide trend in encouraging the adoption of competition law compliance programs. Nevertheless, one can see an apparent policy gap in the current optimal incentives for compliance program adoption in antitrust enforcement. While programs aimed to detect cartels are being increasingly rewarded with reductions in fines for antitrust infringements imposed by the competition authority, there is still little guidance on how compliance programs should be structured to detect prior and avoid abuse of dominance practices. As CADE’s approach to monopolization practices has relied on a variety of presumptions of lawfulness, this article explores three main elements that should be incorporated into an effective antitrust compliance program aimed to prevent monopolization: (i) a conservative assessment of market power; (ii) a strict and proportional standard for measuring efficiency justifications and (iii) a viable mechanism for submitting consultations to CADE’s Tribunal.

Testimonials

Roberto Rustichelli
Italian Competition Authority (Rome)

Italy

I am very delighted to be part of the Antitrust Compliance Summit & Awards Steering Committee together with other distinguished members.

The Italian Competition Authority strongly supports this much-needed initiative of Concurrences which contributes to promote and strengthen a competition culture at global level and I hope its innovative format will attract as many participant agencies as possible in sharing their experiences in evaluating compliance programmes for the purpose of potential fine reductions for businesses.

Since the adoption of our own guidelines in 2018, antitrust programmes in Italy have become an increasingly important component of businesses’ general compliance programmes. Our practice has shown that designing and implementing antitrust programmes is not a “box-checking exercise” and there is no “one size fits all” type of programme.

I believe this initiative, by exchanging best practices for successful antitrust compliance, will surely be of interest for our agency as well as many other competition agencies around the world.
Alexandre Barreto de Souza
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)

Brazil

You have probably heard that it is much better to be safe than sorry. This maxim, applicable to so many situations, can also be used when we discuss corruption, since the act of anticipating situations prevents they spread through public or private companies. Corruption, besides compromising the money of entities, whether public or private, also puts their reputation at stake. On the other hand, compliance programs may establish an organizational culture that encourages ethical conduct and a commitment to comply with the organization’s internal and external standards. In this way, they promote the fight against corruption and reduce the number of lawsuits and administrative proceedings, as well as the chances of financial losses. Experience shows that an effective compliance program can bring about great results. By adopting such programs, we ensure the maintenance of competition in the market and prevent the emergence of violations and harm caused by the lack of competition. Moreover, if we keep a company from losing value, it certainly creates benefits to the entire supply chain, that is, the company itself, investors, consumers, trading partners, and even authorities, as prevention is always preferable to repression, incurring lower costs to society. In view of this, it is important to recognize initiatives that aim to foster and encourage companies to have robust compliance programs that are capable of mapping risks and minimizing the practice of illegal acts, whether these are related to competition law or other matters.
Aik Kor Sia
Competition and Consumer Commission of Singapore

Singapore 2 contributions 575 visits

The Competition and Consumer Commission of Singapore is honoured to be part of the Antitrust Compliance Summit & Awards Steering Committee. We hope that the awards will spur competition authorities to further raise awareness of competition law through greater recognition of their work.
Dung Tran
Stinga (Paris)

In the current globalized economy weakened by the health crisis, this Concurrences’s initiative is ideal for developing and promoting of compliance antitrust.

The international dimension and the format of the event give an exceptional character to the image of the participation of many professionals representative of the ecosystem (lawyers, experts, public authorities, enterprises, etc.). The opportunity to experience a 360 ° view of the antitrust issue not to be missed.

For me, Legaltech’s innovation and digital solutions are both major elements and catalysts for an effective implementation in terms of compliance antitrust by bringing traceability, consolidation, confidentiality and security to enterprises.
Matthew Boswell
Canadian Competition Bureau (Gatineau)

Canada

We are firm believers that proactive competition law compliance by businesses of all sizes is an important factor in well-functioning markets. Accordingly, we welcome this effort to increase awareness of compliance best practices and to demonstrate through dialogue and recognition that a strong culture of compliance, supported by effective policies and procedures, makes good business sense.

Authors

Testimonials