Brazil's Antitrust Authority Releases Proposal Of Guidelines For Competition Compliance Programs

The Administrative Council for Economic Defense ("CADE") has recently made a preliminary version of Guidelines for Competition Compliance Programs available for public consultation. This initiative aims to establish general, non-binding directives for companies on what competition compliance programs are, how they can be implemented, and the benefits and importance of adopting them. Until October 18, CADE will be welcoming public feedback on its preliminary version.

The guidelines draw attention to the benefits of adopting robust compliance programs, including: (i) prevention of risks, (ii) early detection of problems, (iii) identification of infringements by other companies, (iv) reputational benefits, (v) employee awareness; and (vi) a reduction in costs and contingences.

To structure robust compliance programs, the guidelines recommend the following measures: (i) to ensure a high level of commitment to the program: consultation with the top management, the investment of adequate resources in the program and autonomy for those responsible for its implementation; (ii) periodic risk analysis; (iii) planning for risk mitigation by means of training programs, internal communication, monitoring procedures, documentation of such initiatives and internal...