O papel do CADE no incremento dos programas de compliance

Abstract

The scope of this work is to analyze the work developed by the Administrative Council for Economic Defense – CADE aiming the establishment of compliance programs established in companies aimed specifically at mitigating their liabilities provided for in Law 12.529/2011 relating to the Defense of Competition and infringements against economic order, as well as the analysis of how integrity programmes can assist in the proper application of Competition Law. In order to achieve the focus, the study was divided into six stages. In the first, the origin, application and essential elements will be examined for the use of compliance. In the second, the main conducts that are in line with competitive law will be addressed, such as cartel, gun jumping and sham litigation. In the third, the structures of the bodies responsible for the supervision of competition law will be analyzed. In the fourth will be analyzed the evolution of compliance programs from the perspective of CADE. In the fifth a practical case study will be conducted involving CADE's performance with some companies and institutions Finally, on sixth, the structuring elements of integrity programmes will be analysed in accordance with the case-law of the CADE. Therefore, the scientific method used in the research will be the hypothetical-deductive.