In an effort to promote competition and a free market economy, the Administrative Council for Economic Defense and the Federal Public Prosecutor executed on 30 September 2016 the new Joint Resolution PGR-CADE nº1, which redefines the activity of the MPF representatives alongside the Brazilian antitrust agency.
This subject had previously been covered by anti-trust legislation (Federal Law No. 12,529/2011), and it was regulated by the Resolution of the Administrative Council for Economic Defense and the Federal Public Prosecutor nº 01/2009. The new resolution specifies additional details about the role of the Federal Public Prosecutor on the Administrative Council for Economic Defense, increasing the role of the Federal Public Prosecutor in the Council.
The representative of the Federal Public Prosecutor’s Office will also be awarded various prerogatives, such as the possibility of submitting manifestations in all kinds of procedures, antitrust investigations, administrative proceedings and concentration acts to prevent, investigate and repress violations of the economic order, as well as recommending the adoption of precautionary or preventive measure in such cases. The Federal Public Prosecutor will also be able to lodge appeals against approval of concentration acts; to recommend the production of evidence in procedures, administrative investigations and proceedings for the imposition of administrative penalties for violations of the economic order; and to act in the development of studies and research aiming to guide public policies on the prevention of violations against the economic order, as well as to instruct the public on the various forms of those violations and the means of prevention and repression.
With this update, the activity of the Federal Public Prosecutor, along with the Administrative Council for Economic Defense, should become more efficient and well- defined. Hopefully, this is a step on the way to further enhancement of the quality of decisions and the legality of the CADE procedures, contributing to the ultimate promotion of competition and the free market.
For more information do not hesitate to contact us: