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Proceedings

June 2025

Representation in Cease and Desist Agreements: Discounts and Benefits Negotiated with CADE

Administrative and Regulatory Law, Antitrust Law

Bruno Calfat Advogados represented an engineering company in proceedings before the Administrative Council for Economic Defense (CADE) (Brazil’s federal antitrust authority, responsible for enforcing competition law), related to the execution of Cease and Desist Agreements (TCCs) entered into between the company and the authority.

The TCCs collectively required the company to pay millions of Brazilian reais as reparation for alleged violations of antitrust laws in the infrastructure sector.

During the proceedings, the arguments presented by the law firm were accepted in the cases, securing a 15% discount on the originally determined indemnity amounts, due to the execution of leniency agreements.
In addition, a further discount was applied to the value of certain TCCs after the company demonstrated the implementation of an effective internal compliance program.

Finally, the company’s request to offset the amounts owed under the TCCs with those stipulated in the executed leniency agreements was granted.

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