4.9 • 9 Ratings
🗓️ 16 December 2022
⏱️ 11 minutes
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0:00.0 | Hello there. Welcome back to Emlex's podcast. Asia Pacific Senior Editor James Panicki is with you, |
0:17.1 | and it's great to have your company again. Now Now we don't usually need much of an excuse to talk |
0:21.7 | about antitrust developments in Brazil, where the country's competition regulator, known by its |
0:27.4 | Portuguese language acronym Kajé, that's C-A-D-E, has been extremely active over past years. |
0:34.3 | But it's a significant legislative change in the country that has caught our attention |
0:39.2 | this week. A new law will increase the damages allowed in civil cases and will provide greater |
0:45.3 | leverage to cartel victims wanting to file civil lawsuits. It's all part of Brazil's push to provide |
0:51.8 | greater deterrence. Not only will the fines go up, but the law |
0:55.8 | will equip potential litigants with the information they need to pursue their cases. |
1:00.8 | Our Sao Paolo-based senior reporter Anna Paola Candil has been following the law's development, |
1:06.0 | and she joins me now. So, Anna Paola, the law came into effect in November. So how is it likely to affect |
1:13.9 | antitrust enforcement in Brazil? So before I properly answer this, I would just like to bring |
1:20.0 | some context. First, Brazil had no standard rules for civil actions before this law. We have |
1:27.0 | no body of case law on the damages subject yet. |
1:29.3 | This is all very new to the courts. |
1:32.3 | Now, answer to your question, there are two important sides of this law |
1:36.3 | that helps balance privacy enforcement and antitrust enforcement in Brazil, |
1:41.3 | because while this bill encourages companies to report wrongdoing to the |
1:45.4 | national competition authority, it also encourages cartel victims to seek damages in court. |
1:51.3 | And why is that? So on one side, this law has a provision that allows for double damages against |
1:57.7 | defendants who don't plead guilty to the government, which ultimately |
2:01.8 | stimulate them to sign leniency agreements with Qadi. And on the other side, the bill |
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