09/27/2023 – 11:53
The risk of paralysis in the activities of the Administrative Council for the Defense of Competition (Cade) was brought to light this Wednesday, 27th, in a session of the body that marks the farewell of counselors Lenisa Prado and Sérgio Ravagnani. Both of their terms end at the beginning of October.
Furthermore, two more advisors will leave Cade soon. Luiz Hoffmann will stay until October 14th and Luis Braido until November 4th.
The warning about the possibility of the council stopping again due to lack of quorum was made by the director-president of the Brazilian Institute of Competition, Consumption and International Trade Studies (Ibrac), Bruno de Luca Drago.
When making the organ’s tribune a tribute to Prado and Ravagnani, Drago mentioned the “risk of a new blackout”, said he regretted the “political uncertainties” surrounding the new appointments and stated that there is, to date, “no seriousness and the commitment” that is expected from those responsible for these choices.
The nomination of names to Cade is made by the President of the Republic, who sends the names for hearing and approval by the Senate.
“We cannot help but regret at this moment of farewell the political uncertainties that surround us regarding the new appointments. When the risk of a new antitrust blackout looms, it is sad that so far we are not having the seriousness and commitment that is expected from those responsible for such nominations, which again threatens to tarnish the image of this body of excellence that has become Cade and of the Country before other nations”, said the CEO of Ibrac.
Responsible for analyzing mergers and acquisitions of companies, in addition to judging economic infractions, such as cartel practices, Cade already lacked a quorum to carry out its judgments in 2019.
Cade is made up of six advisors, plus the president and, to deliberate cases, requires a minimum presence of four members in the court.
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