This presentation by the Brazilian Competition Authority (CADE) was made during Break-out Session 2: Enforcement in the framework of the discussion on “Overcoming adversity and attaining success: Small and developing competition agencies” held at the 16th meeting of the OECD Global Forum on Competition on 8 December 2017. More papers and presentations on the topic can be found out at oe.cd/sda.

1. Cooperation with the Public Prosecutors and
Enforcement agencies in Brazil
Alexandre Barreto de Souza
CADE’s President
Paris, 8 December 2017

2. 2
Context and challenges
• Corruption challenges are closely related to the antitrust
agencies’ core responsibilities.
• Competencies over corruption and anti-corruption issues
– Comptroller General (CGU)
– Federal Court of Accounts (TCU)
– National and Federal Public Prosecutors
2

3. 3
Legislative changes and CADE’s Strategy
• Enactment of the Brazilian Anti-Corruption Law (Law
12,846/13)
– enables public bodies to enter into leniency agreements with private
entities responsible for anti-corruption acts provided for in the said
statute
– anti-corruption legal regime enables private companies to collaborate
with the public administration to help identify other companies involved
in a given corruption case and to readily obtain information and
documents proving the illicit act
• Establishment of close working links with different public
bodies.
– 27 Technical Cooperation Agreements
3

4. 4
Instruments of Cooperation
• Prosecution Services
– Technical Cooperation Agreements with Prosecution Services from 10
Brazilian States
– Memorandum of Understanding with the Prosecution Service in the
State of São Paulo (MPF/SP) and with the Federal Prosecution Service
4

5. 5
Instruments of Cooperation
• Court of Accounts
– 4 Technical Cooperation Agreements
• Comptroller General Offices
– 3 Technical Cooperation Agreements;
– Access to the Public Expenditure Observatory
5

6. 6
Petrobrás bid rigging
• Petrobrás (Administrative Proceeding 08700.002086/2015-14)
– Investigations started in 2015
– Signing of a Leniency Agreement between CADE, two companies and
individuals and the MPF/PR,
– Evidence of price fixing; market division in public bids for “onshore”
industrial construction works
– Involvement of the biggest companies in the construction sector in Brazil
– Contracts linked to the public bids sum up to BRL 35 billion (more than
U$D 10 billion)
– Signing of a Cease and Desist Agreements (TCC’s) with three of the
companies involved and six individuals
6

7. 7
Bid rigging in the Transportation Sector
• Transportation Sector (Administrative Proceeding 08700.004617/2013-
41)
– Investigations started in 2013
– Signing of a Leniency Agreement between Siemens, CADE, MPF and
MP/SP
– Price fixing; Market division and adjustments of advantages and
conditions in train and subway public bids
– Contracts linked to the public bids sum up to BRL 9.4 billion (about U$D
3 billion), involving 5 Brazilian States with the largest GDP in the country
– Cooperation in the collection and production of evidence with the
Federal Police, MPF and MP/SP
– Forwarding of the information collected to the bodies responsible for
criminal prosecution
7

8. 8
Leniency agreements per year
8
10
1
6
10 11
21
1
1
4
5
6
3
3
6
7
0
5
10
15
20
25
30
2012 2013 2014 2015 2016 2017*
Leniency Agreements Addendum Leniency Plus
117 agreements in 6 years

9. Merci!
Alexandre Barreto de Souza
CADE’s President
International@cade.gov.br