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COMPETITION LAW IN BRAZIL: 2018 OVERVIEW 47

Finally, the Federal Senate recently approved Bill No. 283/2016, amending the
Competition Law to encourage private enforcement claims against cartelists. This would result
in significant changes, including (i) double damages for cartel victims (except for signatories of
Leniency Agreements or Cease and Desist Agreements), (ii) a five-year statute of limitations on
damages claims against cartels, which will only start after Cade releases the administrative decision
and (iii) mandatory arbitration for compensation against signatories of Leniency Agreements
and Cease and Desist Agreements. The bill now moves on to the Lower House and, if approved,
may shift the balance towards more private enforcement actions.