guia prático do cade - Conselho Administrativo de Defesa Econômica

the promulgation of the Revista de Direito da Concorrência (Journal of EconomicLaw), the Annual Report of the Council Management, the monthly bulletin“CADE informa” (“CADE informs”) and guides such as this one. The resultsof this educational role can be observed in the increased academic interestin this field, in the consolidation of concepts, in the strengthening of competitionrules within the society and in the growing demand for better technicalquality of antitrust decisions.In order to fulfill this role it is essential to establish partnerships with institutionssuch as universities, research institutes, associations, government organizations,among which CIEE stands out for its profile and broad-rangingactivities and outreach among the young and public opinion makers.16. Is it possible to appeal against a CADE’s conviction decision for a conduct ornon-approval (or partial approval) of a merger review?CADE’s decisions cannot be further reviewed by the Executive Branch.However, the penalized enterprises have the right, if they choose so, to questionCADE’s decision by appealing directly to the Judiciary Power.17. What penalties can CADE apply in the case of conviction?The penalties are established in articles 23 and 24 of Law Nº 8.884/94.Among others, CADE has the power to:• Apply fines (from 1% to 30% of the company’s revenues) to the companiesinvolved;• Apply fines of up to 50% of the value applied to the company either to theadministrator or responsible agent of the enterprise;• Forbid the signing of contracts with official financial institutions;• Forbid participation in auctions opened by the public administration, be itfederal, state, municipal or of the Federal District, or by entities representingindirect public administration;• Recommend to the competent authorities the concession of compulsory licensingof patents owned by the infringer;• Determine the splitting of the company, the transfer of control of the enterprise,the sale of assets, the partial interruption of activities or any other acts ormeasures necessary for eliminating harmful effects to the economic order.CADE PRACTICAL GUIDE133