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Brazil’s Antitrust Watchdog Updates Leniency Guidelines for 2025

By  |  September 10, 2025

On 3 September, Brazil’s Administrative Council for Economic Defense (CADE), the country’s competition watchdog, released the 2025 edition of its Antitrust Leniency Program Guidelines. According to a statement from the agency, the updated document consolidates procedures for leniency agreements and serves as a reference for lawyers, officials, and the public. It is intended to bring greater transparency, predictability, and legal certainty to cases involving anticompetitive practices.

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    Mr. Alexandre Barreto, superintendent general at CADE, stressed the importance of the update, stating: “The new edition reflects CADE’s commitment to modernization and transparency in the conduct of agreements. We incorporated important advances to make negotiations more efficient, increase the program’s effectiveness, and strengthen cooperation with other bodies. The aim is to ensure a healthier competitive environment, benefiting society as a whole,” he concluded.

    Per CADE’s statement, the guidelines do not carry binding legal force but draw on the agency’s experience in handling agreements, as well as Brazil’s competition law (Law 12.529/2011) and CADE’s governing statutes, which remain mandatory.

    Major Changes Introduced

    The new edition organizes the process into stages that reflect how negotiations and agreements are concluded. Among the changes, CADE has widened the list of practices covered by leniency agreements. In addition to cartels, agreements can now address wage-fixing, no-poach deals, buyers’ cartels, and the exchange of sensitive information.

    Read more: Brazil’s Antitrust Regulator Clears Marfrig’s $2.6 Billion Takeover of BRF

    The document also clarifies rules surrounding partial leniency, ensuring they are consistent with the framework for Cease and Desist Agreements. Another change opens the door for joint investigations with the Office of the Comptroller General (CGU) and the Office of the General Counsel for the Federal Government (AGU) in cases of bid rigging. According to the watchdog, this collaboration aims to improve efficiency and reduce the cost of cooperation.

    Additional procedural updates include an optional preliminary phase for initial viability checks, the possibility of advancing negotiations for parties already on a waiting list, and the creation of clear schedules with deadlines, designed to make the process more objective and efficient.

    Commitment to Transparency and Participation

    The 2025 guidelines were developed through a participatory process. According to CADE, contributions came from officials, lawyers, academics, and the public during working groups and hearings. The watchdog highlighted that these inputs ensured the final document reflected best practices and multiple perspectives, while strengthening transparency and predictability in Brazil’s antitrust enforcement system.

    Source: Gov Br