Anticompetitive conduct enforcement: CADE’s activity in 2024 and the outlook for 2025

In 2024, the Brazilian Antitrust Authority’s (CADE) increased its enforcement efforts, with CADE’s Tribunal ruling on 21 administrative proceedings, compared to 17 in 2023 and 13 in 2022.

As a result, the total amount of fines CADE set in 2024 nearly tripled compared to 2023. Nevertheless, the total remained far below the scenario observed in 2021 and 2022, where the total fines exceeded BRL 1 billion.

Despite the increased number of rulings, the number of settlement agreements CADE’s Tribunal approved in 2024 was the lowest in the past five years, resulting in the lowest monetary contribution collected in that period. The data shows that there has been a reduction in the number of settlement agreements in recent years.

All the administrative enforcement proceedings CADE’s Tribunal ruled on in 2024 were related to cartels or uniform commercial practices. The significant emphasis that CADE’s General Superintendence (GS) has placed in recent years on initiating investigations into cases of abuse of dominant position has yet to be reflected at CADE’s Tribunal, except for possible appeals related to interim measures.

In this context, the GS opened 73 investigations in 2024, most of which concerned unilateral conduct (39). Of the remaining investigations, 24 concerned cartels and 10 concerned uniform commercial practices. In relation to unilateral conduct, the GS granted three requests for interim measures in 2024. Two of the interim measures were appealed and provisionally overturned by the courts.

With regard to cartel investigations, there was an increase in the number of leniency agreements signed by the GS. There were four agreements signed in 2024, compared to two in 2023 and only one in 2022:

One important prospect for 2025 is that CADE is likely to publish new leniency guidelines, with possible adjustments and clarifications regarding the negotiation of leniency agreements.

Key Cases

A new precedent for CADE to reduce penalties previously imposed by the CGU. When ruling on Administrative Proceeding No. 08700.007776/2016-41 in the first half of 2024, CADE’s Tribunal noted that the cartel under investigation had also been investigated by the Office of the Comptroller General (CGU). One of the companies CADE was investigating had already been fined by the CGU. As a consequence, should CADE’s fine have exceeded the fine that CGU had set, CADE acknowledged that the investigated company could offset the amount it already paid under the terms of its leniency agreement with the CGU. While CADE’s Tribunal emphasized the need to unify administrative penalties, it also made it clear that the CGU’s decisions do not bind CADE or compel it to rule in the same manner.

A focus on sensitive human resource information exchanges. Of the four leniency agreements the GS signed in 2024, three concerned conducts relating to alleged exchanges of information on human resources matters (two of the leniency agreements exclusively concerned such matters, while the other one also involved other anticompetitive violations).

Potential need for a higher level of collaboration in settlement agreements. One notable development was CADE’s Tribunal’s rejection of a settlement agreement proposal submitted by Qiagen Biotecnologia Brasil Ltda. in the context of an investigation into an alleged exchange of human resource-related information (Administrative Proceeding No. 08700.004548/2019-61). The Tribunal deemed the level of cooperation the company proposed to be insufficient, a potential sign that CADE will scrutinize settlement agreement proposals more rigorously.

In line with global trends, digital platforms are set to be another area of focus for CADE in 2025. A prominent case in 2024 concerned a complaint Mercado Livre filed against Apple (Administrative Inquiry No. 08700.009531/2022-04), which led the GS to grant Mercado Livre’s request for interim measures. The measures the GS imposed ordered Apple to suspend rules that required the use of an Apple payment processor and for applications to be made available via its App Store. Apple has filed an appeal with CADE’s Tribunal that is currently awaiting review.

Both the labor market and digital platforms are expected to remain key areas of interest for CADE in 2025.

Desenrola Autarquias Program. CADE’s involvement in the Desenrola Autarquias program was highly effective in 2024, providing companies fined by CADE in previous years with a viable solution for settling their debts. Spearheaded by the Attorney General’s Office, Desenrola Autarquias is a program that offers discounts and installment payment options to companies and individuals seeking to clear debts with federal agencies and public foundations. In 2024, CADE led negotiations resulting in the collection of over BRL 1.4 billion via this program, which was distributed to a fund used to remedy damages caused to various public interests.

For more information on these topics, please contact Mattos Filho’s Antitrust practice area.