Reshuffling an Agency How to make the package work? 2015 ICN Annual Conference Sydney, Australia.

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Presentation transcript:

Reshuffling an Agency How to make the package work? 2015 ICN Annual Conference Sydney, Australia

Summary New Competition Law in Brazil Institutional re-design Facing challenges Results 2

New structure Previous regimeLaw 12,529 CADE Tribunal – final decision SEAE Merger reviewSDE Antitrust investigations CADE Tribunal General Superintendence Department of Economic Studies – DEE Attorney General’s Office SEAE Competition Advocacy 3 New Competition Law in Brazil New Legislation Law 12,529 from 30 November 2011 (entered into effect on 29 May 2012)

CADE’s Design Tribunal (1 president + 6 commissioners – non renewable 4 year terms) – Final decisions in the Executive Branch concerning anticompetitive practices and merger filings DEE - Market studies - Opinions General Attorney’s Office - Assists CADE (eg. Dawn raids) - Defends CADE at the judiciary SG (General Superintendent – 2 year term, renewable for 2 more years) – Negotiation of leniency and settlement agreements – Investigation of anticompetitive conducts – Merger review

General Superintendence General Superintendent Antitrust AnalysisDivision 8 Antitrust AnalysisDivision 7 Antitrust AnalysisDivision 6 Antitrust AnalysisDivision 5 Antitrust AnalysisDivision 4 Antitrust AnalysisDivision 3 Antitrust AnalysisDivision 2 Antitrust AnalysisDivision 1 Deputy Superintendent 2Deputy Superintendent 1 Office Leniency Unit Strategic Information Analysis Division Intelligence and Operations Division

General Superintendence General Superintendent Merger & Antitrust Regulated Markets Merger & Antitrust Industry Cartel Unit 2 Hardcore Cartels Cartel Unit 3 Bid Rigging Merger & Antitrust Services Merger & Antitrust Differentiated Goods and Farm related products Merger Screening Unit Cartel Unit 1 International Cartels Hierarchy Cartel work flow Merger work flow Intelligence Division - Prioritization - Leniency Deputy Superintendent 1 Deputy Superintendent 2 Unilateral conducts Units: 1 leader case handlers

Main challenges Human resources and Management Challenges Pre-Merger Review Leniency and anti-competitive conducts International cooperation Promoting competition policy and CADE’s normative agenda – Compliance – Guidance and Transparency

Thank you!