September 3, 2025
Brazil’s Administrative Council for Economic Defense (Cade) has published the 2025 edition of its Antitrust Leniency Program Guide, introducing a series of reforms aimed at strengthening cartel enforcement and promoting transparency in competition policy.
The new guide consolidates procedures for negotiating leniency agreements, which allow companies or individuals involved in anti-competitive practices to cooperate with authorities in exchange for reduced penalties. It is designed as an institutional reference for officials, lawyers and the wider public, providing greater clarity and predictability in the handling of cartel cases.
“The new edition reflects Cade’s commitment to modernization and transparency in the negotiation of agreements,” said Alexandre Barreto, Cade’s Superintendent-General. “We have incorporated important improvements to make negotiations more efficient, increase the program’s effectiveness, and reinforce cooperation with other authorities. The ultimate goal is to ensure a healthier and more efficient competitive environment for society as a whole.”
Key updates
The 2025 guide introduces several significant changes to Brazil’s leniency framework:
- Expanded scope: Beyond traditional cartels, the list of conduct eligible for leniency now includes wage-fixing, no-poach agreements, buyer cartels, and the exchange of sensitive information.
- Partial leniency: The guide provides clearer criteria for partial leniency, aligning it with Cade’s settlement policy (Termos de Compromisso de Cessação, or TCCs).
- Institutional cooperation: Cade may now act jointly with the Office of the Comptroller General (CGU) and the Office of the Attorney General (AGU) in cases involving bid-rigging in public procurement. The aim is to streamline investigations and reduce collaboration costs.
- Negotiation process improvements: The guide allows for a preliminary stage where potential applicants can explore the feasibility of an agreement, the possibility of early negotiations for applicants in a waiting queue, and the establishment of a pre-agreed timetable for negotiations. These changes are intended to improve efficiency and cut negotiation costs.
Collective construction and transparency
The revised guide was developed through a participatory process, drawing on input from Cade officials, practitioners, academics and contributions received during a public consultation. According to Cade, this collaborative approach ensures the document reflects best practices, diverse perspectives and stronger legal certainty for leniency applicants.
While the guide itself is not legally binding, it is grounded in Brazil’s Competition Law (Law No. 12,529/2011) and Cade’s Internal Rules, which establish the legal framework for antitrust enforcement.
The full 2025 Antitrust Leniency Program Guide is available on Cade’s website.
