Nearly 16 Years of the Leniency Program in Brazil: Breakthroughs and Challenges in Cartel Prosecution

By Amanda Athayde Linhares Martins & Andressa Lin Fidelis – 

Since 2003, the prosecution of hardcore cartels has been a top priority in Brazil. The Leniency Program in Brazil has been one of the most important investigative tools for detecting collusive conduct among competitors. The Leniency Program has exhibited some breakthroughs achieved in terms of the amount of new leniency agreements signed, the use of innovative tools and the reliability of CADE’s procedures. Those results increase CADE’s responsibility to be effective in the execution of its Leniency Program, as well as to be prepared to address new challenges that are on their way.

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