The decision was rendered within the context of an investigation into an alleged cartel operating in the international aviation insurance and reinsurance brokerage market.
The participation of foreign attorneys during CADE’s hearings, as listeners, was grounded upon the provisions on the Brazilian Federal Administrative Proceeding Act and the Brazilian Competition Law. These statutes allow defendants to be represented and to have administrative proceedings overseen by their attorneys, without the need of being enrolled in the Brazilian Bar Association.
The GS’ decision also took into consideration additional facts. Specifically, it was noted that the defendants (i) had previously engaged Brazilian attorneys to attend CADE’s hearings, and (ii) presented justifications for the lawfulness and relevance of the participation of foreign attorneys. These justifications encompassed the necessity to resolve interpretational uncertainties, ensure consistent communication with different regulatory authorities, and the foreign attorneys’ prior involvement in similar investigations conducted abroad.
