Showing posts with label cartel. Show all posts
Showing posts with label cartel. Show all posts
10/26/2010
Convicted Industrial Gas Companies go to Court
Last month several Industrial Gas Manufactures and Individuals were convicted by CADE for illegal collusion with a historic fine. Since last week many of them have filed actions before the Federal Court against CADE´s decision and the fines applied. So far, manufacturer Linde Gases has gotten an injunction from the Federal Court in Brasília to stop CADE from executing the fine. This injunction is being allowed only if the Company deposits a warranty in the same amount of the fine imposed by CADE.
7/06/2010
New Investigation
SDE has done a search and seizure operation in Minas Gerais and São Paulo, investigating the existence of a cartel between suppliers of school lunches to nearly 30 city halls in those States. Besides the antitrust violation, a scheme of misuse of public funds and corruption is also investigated.
7/05/2010
Brazilian Government Published the New Goals in connection to cartel persecution
In June 11, 2010, the Brazilian Government officially announced several goals to be achieved by the authorities of the SDE, the Federal Police, the Public Prosecution Offices in both federal and state spheres, the Public Security Secretariats, among others, in order to improve the repression to cartels in the country. The goals are the result of debates promoted during the 2nd edition of the meeting of the National Strategy of Cartel Repression ("Estratégia Nacional de Combate a Cartéis" - ENACC), held in Brasilia.
Due to the substantial increase of construction and infrastructure projects, in connection to the World Cup (2014) and the Olympic Games (2016) to take place in Brazil, the repression to bid rigging has been elected as a priority for the years to come.
As a result, a document called "Declaration of Independently Presented Bid or Proposal" (see attached Administrative Rule n. 51/2009, Annex II) will be mandatory for all contracts related to the major sportive events mentioned above, including when a bidding procedure is not required. Such declaration is already necessary since September 2009 in connection to bidding procedures conducted by entities of Federal Administration, according to a Instruction of Secretariat of Logistics and Information Technology of the Ministry of Planning.
Another important measure that has come out of the meeting between the authorities is the recommendation directed to the Brazilian Exchange Commission, in order for it to require from publicly traded companies (i) the publication of a material fact in case an administrative investigation of offense to the economic order is initiated and (ii) the adoption of a compliance program.
The accomplishment with these goals (and others) will be monitored by the authorities represented in the meeting, especially the members of the ENACC's Permanent Council (created in June 11, 2010 and integrated by the Secretariat of Economic Law of the Ministry of Justice, the Federal Police, the Public Prosecution Office, among others.
Due to the substantial increase of construction and infrastructure projects, in connection to the World Cup (2014) and the Olympic Games (2016) to take place in Brazil, the repression to bid rigging has been elected as a priority for the years to come.
As a result, a document called "Declaration of Independently Presented Bid or Proposal" (see attached Administrative Rule n. 51/2009, Annex II) will be mandatory for all contracts related to the major sportive events mentioned above, including when a bidding procedure is not required. Such declaration is already necessary since September 2009 in connection to bidding procedures conducted by entities of Federal Administration, according to a Instruction of Secretariat of Logistics and Information Technology of the Ministry of Planning.
Another important measure that has come out of the meeting between the authorities is the recommendation directed to the Brazilian Exchange Commission, in order for it to require from publicly traded companies (i) the publication of a material fact in case an administrative investigation of offense to the economic order is initiated and (ii) the adoption of a compliance program.
The accomplishment with these goals (and others) will be monitored by the authorities represented in the meeting, especially the members of the ENACC's Permanent Council (created in June 11, 2010 and integrated by the Secretariat of Economic Law of the Ministry of Justice, the Federal Police, the Public Prosecution Office, among others.
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