Brazil's antitrust watchdog, CADE, is debating whether individuals should be sanctioned, at the administrative level, for cartel offenses. This was the subject of an article published by journalist Guilherme Pimenta, from Valor Econômico. In an interview with the publication, Ana Paula Martinez, a partner at Levy & Salomão Advogados, pointed out that a legislative change would be necessary to allow CADE to focus solely on prosecuting legal entities, leaving the punishment of individuals to the existing criminal justice system. This, she argued, would avoid double jeopardy and ensure greater speed, reasonableness, and legal certainty in Brazil’s cartel enforcement system.
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