Check List for the Antitrust Compliance Program

The Brazilian antitrust agencies have begun to formalize various Cooperation Agreements for the purpose of proceeding with the investigations related to antitrust violations. These agreements have been entered into, for example, with the Federal Ministry of Public Prosecution and Defense (MPF), State Ministries of Public Prosecution and Defense (MPE), and the Federal Police, and Cooperation Agreements have been executed with Argentina and the United States. Others are yet to come. All these Cooperation Agreements are aimed at investigating information on acts that may be considered anticompetitive.

Companies and especially their managers should pay special attention to the business practices adopted, whichódepending on the position the company holdsócould be considered under Law 8884/94 ("Antitrust Act") and other legislation.

Managers should know their responsibilities to the market and the community from an antitrust perspective and adopt a policy of prevention, which should be known to all employees, suppliers, managers, etc. They should know the law and adhere to the policy for best practices in antitrust matters. This is why it is essential to adopt a Compliance Program.

Under art. 20 of Law 8884/94, an antitrust violation is any act, regardless of fault, meant or able to produce, even if unsuccessful, effects such as limiting, falsifying, or otherwise hindering free competition; dominating a relevant market for goods or services; arbitrarily increasing profits; etc.

Art. 21 exemplifies certain practices that could be considered anticompetitive, including forming...