Brf Leniency Agreement

In 2020, CADE`s leniency program was implemented for 17 years. Essentially, the Brazilian programme, like leniency programmes in many other legal systems, defines a way to enable companies and individuals who have participated in cartels or other anti-competitive practices to obtain administrative and repressive services through an agreement with the Authority. The success of the leniency communication requires that the signatory companies commit to addressing the root of the blame. They usually include financial compensation for the damages, Kalluf said. After the report is published, companies could become more involved in leniency talks, Kalluf said, adding that criminal investigations will continue regardless of whether or not they have discussions. In addition to its leniency program, the Brazilian authority has a transaction procedure where that companies and individuals who have not been the first to report anti-competitive behaviour can negotiate a transaction under an omission agreement. The National Space Research Institute of Brazil (INPE) estimated that 7,898 square kilometres (more than 3,000 square miles) were cleared between August 2015 and July 2016, a 29% increase in deforestation over the previous year (2015-2014). But in 2015, deforestation had already increased by 24 per cent compared to the previous year (2013-2014). This is a dramatic abandonment of the significant declines in deforestation rates observed in previous years. The global boom in Brazil`s meat and feed grain industry has led to a massive transformation of the entire Brazilian landscape, from the intensification and expansion of feed grain production in the southeast and Cerrado to the eviction of cattle that graze in the Amazon rainforest and then spread from the Amazon rainforest. The aim is to analyse two initiatives aimed at mitigating this damage: zero-wood contracts with meat companies and the moratorium on soybeans with grain traders. In September, Reuters exclusively reported that federal lawyers were seeking leniency talks.

(Report by Gram Slattery Editorial: Paul Simao) The leniency communication applies when the cooperation of the company leads to the identification of others involved in the violation, if any, and to the speed with which it is possible to obtain information and documents proving the illegal act being investigated. However, in order for the corporation to sign a leniency communication, the corporation (i) is the first to express interest in participating in the investigation of the unlawful act, (ii) to terminate its participation in the offence under investigation from the date of the signing of the agreement and (iii) to acknowledge its participation in the unlawful act. (iv) to cooperate fully and sustainably in investigations and administrative procedures. , at their own expense, whenever the application is requested, all pleadings appear until their completion and (v) provide information, documents and evidence of the administrative offence. Following 2020, CADE issued a briefing note on cooperation between competitors in the pandemic scenario, in which it stressed that « agreements between competitors on price fixing, market distribution and supply restriction continue to be heavily repressed by the antitrust authority, as well as the exchange of sensitive information on competition between companies , in accordance with competition law and the Consolidated Precedent of this Council. » Fourteen prosecutors have found « serious irregularities » and will ask companies to carry out a major restructuring as part of a leniency activity, lawyer Lyana Helena Joppert Kalluf told Reuters news agency last month.