The National Confederation of the Industries (CNI) has filed an ADI (Direct Action of Inconstitutionality) before the Supreme Court (STF) this week questioning the articles 26-A and 35 of Law 8884 (Brazil's antitrust act). CNI believes that the power to inspect officies and facilities without a judicial order given by article 35 is inconstitucional. They also consider against the constitution the fact that article 26-A imposes a fine to companies and individuals that deny access to their offices and facilities. That would be afecting the garantee of non auto-incrimination.
The inspection does not demand a judicial order but has to be warned 24 hours before it begins (while the judicial dawnraid is unexpected).
The reporting Justice is Ayres Brito.
Showing posts with label SDE. Show all posts
Showing posts with label SDE. Show all posts
10/20/2010
7/21/2010
CADE, SEAE, SDE and ANEEL signed a covenant to improve investigations in the energy sector
During the CADE's 471st Section of Judgement today National Agency of Electric Energy (Agência Nacional de Energia Elétrica - ANEEL), CADE, SEAE and SDE has set a Covenant in order to act with grater integration in order to eliminate any conflict btween the policies, to better set the roles of the parties, besides padronizing the understanding of the bodies regarding some issues.
The Covenant innovates by stating that the Reporting Commissioner responsible for a proceeding involving the energy sector can request a member of ANEEL to work together on the case, providing technical information.
As soon as we obtain the text of the convenat we will post a link here - in Portuguese, unfortunatelly.
The Covenant innovates by stating that the Reporting Commissioner responsible for a proceeding involving the energy sector can request a member of ANEEL to work together on the case, providing technical information.
As soon as we obtain the text of the convenat we will post a link here - in Portuguese, unfortunatelly.
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.
CADE, SDE and INPI set a Covenant to work more closely
During the Internation Seminar of Intelectual Property and Competition Policy that took place in Rio de Janeiro between June 7 and 8, 2010, Brazilian Institute for Intelectual Property (Instituto Nacional da Propriedade Industrial - INPI), Administrative Council of Economic Defense (Conselho Administrativo de Defesa Econômica - CADE) and the Secretariat Of Economic Law (Secretaria de Direito Econômico -SDE) of the Ministry of Justice has set a Covenant in order to act with grater integration.
The partnership is set for the next two (2) years and will allow CADE and INPI to aknowledge one another's investigations and Proceedings, being able to issue opinion regarding theirs expertise - respectively Competition and Intelectual Property - when requested.
INPI's General Attorney, Mauro Maia, has stated that the preocupation is that companies intend to extend the patent period through litigation, aiming to maintain an improper monopoly. With the covenant, both authorities will then have the proper information to deal with those sham litigation cases.
INPI has made contact with CADE for the agreement after noticing a series of suits promoted by pharmaceutical companies.
The partnership is set for the next two (2) years and will allow CADE and INPI to aknowledge one another's investigations and Proceedings, being able to issue opinion regarding theirs expertise - respectively Competition and Intelectual Property - when requested.
INPI's General Attorney, Mauro Maia, has stated that the preocupation is that companies intend to extend the patent period through litigation, aiming to maintain an improper monopoly. With the covenant, both authorities will then have the proper information to deal with those sham litigation cases.
INPI has made contact with CADE for the agreement after noticing a series of suits promoted by pharmaceutical companies.
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