On March 25, 2025, the Administrative Council for Economic Defense (“Cade“) and the Federal Prosecutor’s Office (“MPF“) entered into a new Technical Cooperation Agreement (“ACT“) aimed at enhancing their collaboration in the fight against anticompetitive practices, with a particular focus on cartel formation. The ACT is initially valid for five years, and may be extended through a formal amendment, and further reinforces the institutional cooperation between the two agencies.
The MPF and Cade have historically collaborated in the investigation and prosecution of anticompetitive conduct in key sectors, such as civil construction, pharmaceuticals, and technology. This cooperation is especially relevant given the dual legal character of such violations, which may constitute both administrative offenses – under Law No. 12,529/2011 (“Competition Law“) – and criminal offenses – under Law No. 8,137/1990 (“Law of Crimes Against the Economic and Tax Order“).
Under the new ACT, the agencies have committed to clearer guidelines for secure information sharing and coordination investigative strategies. The work plan is structured around three main pillars: (i) strengthening institutional communication; (ii) facilitating the exchange of data and documents, and (iii) aligning investigative methodologies.
Among the key initiatives is the creation of an integrated database containing Cade’s administrative rulings and judicial sentences from both criminal and civil proceedings. This tool is expected to support the mapping of precedents and improve access to relevant case law in the field of competition enforcement. The agreement also includes provisions for joint training programs and the integration of technological tools to support analysis and monitoring activities.
In addition to reinforcing investigative coordination, the ACT formalizes the mutual commitment to the exchange of information and evidence between the agencies. Cade committed to forward to the MPF all relevant materials obtained during its investigations into cartels and other violations affecting the economic order and consumer relations, as provided for in the Competition Law. Conversely, the MPF will share with Cade any document and evidence gathered during civil and criminal investigations. This reciprocal exchange enhances the integration between the administrative and criminal enforcement, maximizing the effectiveness of evidence.
Therefore, with the formalization of the ACT, Cade and MPF take a significant step toward institutional alignment, enabling the coordinated development of joint strategies, data sharing, and precedent tracking, thereby enhancing the consistency of administrative and criminal proceedings.
For further information, please contact Saud Advogados.