from Part II - Country Reports
Published online by Cambridge University Press: 29 July 2022
The Brazilian report describes the wide range of sanctions available to the Brazilian Competition Authority. It presents the public debate between two commissioners about the appropriate method of calculating fines proportionate to the wrongdoing. The authors suggest that Brazil can improve the level of effectiveness of the antitrust policy beyond raising fines. It would be important to incorporate in the antitrust law the specific sanction of a director disqualification order, to create double damages, establish the offense’s duration as a statutory basis for the fine calculation, and create exemptions for leniency beneficiaries to double damages. They also recommend establishing the economic group’s gross turnover as the statutory basis for the fine calculation (instead of the imprecise turnover in the relevant market). Finally, they advocate raising to four to eight years (currently two to five years) the criminal imprisonment penalty for collusion and conspiracy, and including in the criminal law the revocation of the corporate license for trade as an ancillary penalty to be applied by the criminal courts.
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