The document formalises trusteees assistance to monitor decisions and agreements.
On 02 April, the Office of the Superintendent General of the Administrative Council for Economic Defense (SG/CADE) released the Manual Trustee, available in Portuguese. The document aims to formalise, standardise, and improve the monitoring of decisions and agreements in the field of merger control or anticompetitive practices. For this analysis, the manual takes into account the implementation of remedies in cases where the lack of resources hinders the processing of data and information by the competition authority after the monitoring or requires a non-existent expertise of the authority.
Competition authorities request the parties to hire independent individuals and trustees, to take part in a remedy's implementation and monitoring. Trustees are necessary either for the lack of resources available, the need for specific expertise to enforce a task, or to implement more complex remedies.
Under CADE’s orders, these professionals are responsible for enforcing procedures when monitoring the compliance with decisions and agreements ratified by the Tribunal.
The document was created based on reviews of CADE’s guides, studies, and precedents, in addition to international benchmarking, and a contribution of international consultancy, as a way to improve the institutional monitoring of decisions and agreements of the antitrust authority.
The manual gathers the best procedures and practices that are to be observed whenever trustees or similar ones are adopted as monitors, independent auditors, and representatives, among others.
This publication is a guideline, so it is neither binding nor a rule. Therefore, proceedings, analysis steps, deadlines, and reference models are to be observed, whenever possible. The non-compliance with the manual instructions does not cause invalidation of any monitoring of decision making and agreements ratified by CADE.”
Source: Gov.br
