New Members Take Office at Brazil’s Antitrust Authority

In a significant development at the Brazilian Antitrust Authority’s (CADE) Tribunal, four new commissioners have assumed office alongside changes within its General Superintendence and Department of Economic Studies. This transition comes after a period of uncertainty marked by the expiration of several commissioners’ mandates toward the end of 2023, leaving the Tribunal without the minimum quorum necessary to make decisions for approximately two months from November 4 to December 27. Consequently, ongoing proceedings were temporarily suspended during this period.

In response to this vacancy, the Brazilian President and the Senate appointed and approved four new members to CADE’s Administrative Tribunal. The newly appointed commissioners, Diogo Thomson de Andrade, Camila Cabral Pires Alves, Carlos Jacques Vieira Gomes, and José Levi Mello do Amaral Júnior, were sworn in during the month of January, reinstating the quorum and enabling the Tribunal to resume its operations effectively.

The restoration of the quorum on December 27, 2023, coincided with the swearing-in of Diogo Thomson de Andrade as commissioner. Thomson de Andrade brings extensive experience to his new role, having previously served as both interim and deputy superintendent general at CADE. His tenure dates back to 2004 as a federal prosecutor, and his contributions to the Brazilian Competition Defense System since 2007 underscore his expertise in the field.

Read more: Brazilian antitrust policy towards bid rigging: History and perspectives 

Following Thomson de Andrade’s appointment, Felipe Neiva Mundim assumed the position of deputy superintendent general, succeeding him. Mundim’s background includes serving as the General Coordinator of the Department of Antitrust Analysis (CGAA4) since 2021, where he oversaw non-fast-track transactions in regulated markets. His new responsibilities entail coordinating merger analysis and unilateral conduct investigations within CADE’s General Superintendence. Fernanda Machado, the other deputy superintendent, retains her role overseeing investigations into cartels and collective conduct behavior.

Joining Commissioner Thomson de Andrade are Commissioners Camila Cabral Pires Alves, Carlos Jacques Vieira Gomes, and José Levi Mello do Amaral Júnior. Commissioner Pires Alves, a seasoned economist and professor at the Federal University of Rio de Janeiro, previously served as CADE’s chief economist. Commissioner Carlos Jacques brings legislative consulting experience in economic, regulatory, and business law matters, with a history of service at the Brazilian Senate and CADE’s Tribunal. Meanwhile, Commissioner José Levi Mello do Amaral Júnior, a distinguished professor of Constitutional Law at the University of São Paulo, former Brazil’s Attorney General, and attorney for the Brazilian Treasury, adds a unique perspective to the Tribunal.

Source: Mattos Filho