guia prático do cade - Conselho Administrativo de Defesa Econômica

WhoWho isisininchargechargeof theofdefensethe defenseofofcompetition in Brazilcompetition in Brazil1. What organizations are responsible for the defense of competition?The organizations responsible for the defense of competition and that composethe Brazilian Competition Policy System (BCPS) are: the AdministrativeCouncil for Economic Defense, the Secretariat for Economic Law – SDE, of theMinistry of Justice, and the Secretariat for Economic Monitoring – SEAE, of theMinistry of Finance. The attributions of these three agencies are established byLaw N o 8.884, of July 11, 1994, as amended by Law N o 9.021, of March 30, 1995,and Law N o 10.149, of December 21, 2000.2. What is SDE?SDE (Secretariat for Economic Law) is an agency within the Ministry ofJustice, charged with formulating, implementing and supervising the policiesof protection and defense of the economic order regarding competition andconsumers.In the sphere of competition defense, SDE is responsible not only for investigatinganticompetitive behavior, but also for emitting opinions about thecompetitive aspects of merger review submitted to CADE for its approval. Suchinvestigations and analyses are performed through instituting administrativeproceedings, which are subsequently sent to CADE for its verdict.In respect of consumers’ protection, SDE is the agency responsible for coordinatingthe policy of the BCPS and its jurisdiction powers are established byLaw N o 8.078, of September 11, 1990, and it is charged with planning, developing,proposing, coordinating and executing the national policy for the protectionof consumers.For further information, go to: http://www.mj.gov.br/sde3. How is SDE’s structure?SDE is made up by two departments: the Department of Defense and Protectionof Consumers – DPDC, responsible for defending consumers’ rightsand the Department of Economic Defense and Protection – DPDE, to contrib-CADE PRACTICAL GUIDE127