With the enactment of Law No. 14,470/2022, new provisions applicable to the repression of violations of the economic order were established.
Now, the Competition Defense Law (as Law No. 12,529/2011 is known) expressly ensures that those harmed by the practice of a cartel will have the right to double compensation for losses suffered as a result of economic violations.
If there is a leniency agreement and a term of commitment to transfer the practice, the signatory companies will be liable only for the damages they actually cause, without there being joint and several liability for the damages caused by the other parties to the agreement or term.
The deadline to file a lawsuit to claim compensation will be 5 years from the date of knowledge of the offense, with the statute of limitations not running during the course of the investigation or administrative process within the scope of CADE (Administrative Council for Economic Defense).
It is worth noting that the right to reimbursement must be proven, and the passing on of overpricing cannot be presumed.
