guia prático do cade - Conselho Administrativo de Defesa Econômica

If SDE concludes, during the preliminary investigations, that there are indicationsof infractions to the economic order, it will immediately determine theopening of an administrative proceeding.8. When an Administrative Proceeding is instituted by the BCPS?An administrative proceeding is instituted whenever there are strong indicationsof harmful practices to the market, either if it had been verified inpreliminary investigations or if it had been found immediately. The proceedingmay also begin by a statement of the National Congress, or of any of its Committees.SDE has competence to initiate an administrative proceeding. At this stagethe proceeding is public, unless the company being represented requests thatsome information must be kept in secret, provided that such request is legallyand economically grounded, which is decided by the agency in charge of theinvestigation. Besides, at this stage, it is observed the due process of law, as establishedby the Federal Constitution.After the preliminary investigations, the proceeding is sent to CADE to beadjudicated. Articles 31 to 52 of Law N o 8.884/94 deal with the procedures forthe fact finding and adjudication of administrative proceedings.9. Will confidential information about companies, claimant or investigated, bedisclosed during the administrative proceedings?The provisions of confidentiality of documents and information involvingmarket strategies and knowledge exist in order to protect companies’ interestsand prevent that bad faith third parties request proceedings just to obtain informationabout competitors. It is up to the interested party to request the desiredconfidentiality, which will be analyzed by the Reporting-Commissioner in theterms of CADE’s Internal Regulation.10. What must be done when there is a suspicion about harmful conduct to competition?Denunciations must be submitted to SDE or to CADE. Preferably, but notnecessarily, in a detailed manner and accompanied by documents that may assistin its analysis. If there is enough evidence of anticompetitive behavior, theCADE PRACTICAL GUIDE141