Office of the Superintendent-General
CADE’s Office of the Superintendent-General – SG in its acronym in Portuguese - is commanded by the Superintendent-General, who has a two-year term, which can be renewed once; and two Assistant Superintendents, indicated by the Superintendent-General.
SG’s responsibilities are to investigate and to instruct cases. Its main attributions are:
- The opening, instruction and issue of opinions in anticompetitive conduct proceedings
- The instruction and issue of opinions on merger cases
- The proposal of agreements and preventive measures
When the SG issues an opinion recommending the approval without restrictions of merger cases and there is no claiming by any Commissioner – in case of disagreement with SG analysis – CADE’s final decision shall be for the approval of the merger.
In case of approval with restrictions or disapproval of the merger, SG’s opinion is not binding, and the Administrative Tribunal is responsible for the final decision.
The General Superintendence is composed by the Office of the Superintendent-General and eleven Antitrust Units – CGAA in its acronym in Portuguese.
Antitrust Unit 1 |
Antitrust Unit 2 |
The Antitrust Unit 1 - CGAA1 - is responsible for examining certain procedures, such as mergers that are reviewed under the ordinary procedure and unilateral conducts involving differentiated goods, pharmaceuticals, agribusiness and technology. Mergers are analyzed under the ordinary procedure when they do not meet the requirements of CADE’s Resolution No. 2/2012.
|
The Antitrust Unit 2 - CGAA2 - is responsible for examining certain procedures, such as mergers that are reviewed under the ordinary procedure and unilateral conducts involving services in general, education, healthcare, financial and retail markets. Mergers are analyzed under the ordinary procedure when they do not meet the requirements of CADE’s Resolution No. 2/2012.
|
Antitrust Unit 3 |
Antitrust Unit 4 |
The Antitrust Unit 3 - CGAA3 - is responsible for examining certain procedures, such as mergers that are reviewed under the ordinary procedure and unilateral conducts involving base industry, chemical, petrochemical and other commodities. Mergers are analyzed under the ordinary procedure when they do not meet the requirements of CADE’s Resolution No. 2/2012. Regarding unilateral conducts, CGAA3 is responsible for conducting investigations on practices that may be considered anticompetitive and for requesting the opening of administrative proceedings in the areas of its responsibility, in accordance with the Law No. 12.529/2011. Examples of unilateral conducts are price discrimination for customers; refuse to sell; predatory pricing; the practice of sham litigation; and resale price maintenance. CGAA3 is composed by a Head of Antitrust Unit, a Coordinator and a team of case handlers. |
The Antitrust Unit 4 - CGAA4 - is responsible for examining certain procedures, such as mergers that are reviewed under the ordinary procedure and unilateral conducts involving regulated markets, such as telecommunications, energy, oil and gas and transportation modals. Mergers are analyzed under the ordinary procedure when they do not meet the requirements of CADE’s Resolution No. 2/2012. Regarding unilateral conducts, CGAA4 is responsible for conducting investigations on practices that may be considered anticompetitive and for requesting the opening of administrative proceedings in the areas of its responsibility, in accordance with the Law No. 12.529/2011. Examples of unilateral conducts are price discrimination for customers; refuse to sell; predatory pricing; the practice of sham litigation; and resale price maintenance. CGAA4 is composed by a Head of Antitrust Unit, a Coordinator and a team of case handlers. |
Antitrust Unit 5 |
Antitrust Unit 6 |
The Antitrust Unit 5 - CGAA5, also known as Premerger Unit, is responsible for receiving every merger case, including acquisitions and other business transactions, notified to CADE and for screening which cases are qualified for the fast-track procedure – those that raise less concerns from an antitrust point of view – and which cases must be assessed under the ordinary procedure. CGAA5 is in charge of analyzing and writing opinions on cases qualified for the fast-track procedure, regardless of the economic sector involved. The Unit is also responsible for receiving complaints of mergers that were not notified to CADE and for opening administrative procedures to investigate such cases – Apacs in its acronym in Portuguese. CGAA5 is composed by a Head of Antitrust Unit, a Coordinator and a team of case handlers. |
The Antitrust Unit 6 is responsible for instructing administrative proceedings in order to investigate violations against the economic order, such as cartels and influence of commercial uniform conduct. The Unit analyses the existence of evidence of such conducts, opens an administrative proceeding and issues an opinion on whether the investigated parties should be convicted or if the case should be filed. CADE’s Administrative Tribunal will then judge the case. CGAA6 concentrates its analysis on national cartel cases occurring strictly in the private sector, focusing on the creation and promotion of price lists for competitors on the same market. The Unit also investigates any practice that suggests cases of influence of commercial uniform conduct, such as price readjustment, discounts, payment deadlines, among other. CGAA6 is composed by a Head of Antitrust Unit, a Coordinator and a team of case handlers. |
Antitrust Unit 7 |
Antitrust Unit 8 |
The Antitrust Unit 7 is responsible for instructing administrative proceedings in order to investigate violations against the economic order, especially cartels. The Unit analyses the existence of evidence of such conducts, opens an administrative proceeding and issues an opinion on whether the investigated parties should be convicted or if the case should be filed. CADE’s Administrative Tribunal will then judge the case. CGAA7 concentrates its analysis on international cartel cases that produced or that may have produced effects in Brazil. CGAA7 is composed by a Head of Antitrust Unit, a Coordinator and a team of case handlers. |
The Antitrust Unit 8 is responsible for instructing administrative proceedings in order to investigate violations against the economic order, especially cartels. The Unit analyses the existence of evidence of such conducts, opens an administrative proceeding and issues an opinion on whether the investigated parties should be convicted or if the case should be filed. CADE’s Administrative Tribunal will then judge the case. CGAA8 concentrates its analysis on bid rigging cases and other types of cartels in public procurement. CGAA8 is composed by a Head of Antitrust Unit, a Coordinator and a team of case handlers. |