O Acordo de Leniência como Instrumento de Tutela da Defesa da Concorrência no Brasil

Abstract

The market economy countries have significant concerns with the restraint of trade, requiring constitute regulatory frameworks and mechanisms to protect economic competition, so that economic efficiency is governed by legislation determined by the State. To mitigate the problems arising from the formation of a cartel that prevent free competition, causing damage to the community, the Office of the leniency agreement arises, administered by the Board of Directors and Economic Defense - CADE - the body responsible for prevention and repression of offenses against economic order. The leniency agreement is one of the most effective tools used by antitrust authorities to provide effective enforcement of antitrust law as regards the repression of anti-competitive practices although there are some contradictions in the field of ethics. In fulfilling the leniency agreement, the proposing informer may have the extinction of the punitive action or reduction of one to two thirds of the penalty applicable at the administrative level and in the criminal context, automatically terminate the punishment of crimes against the economic order.