🇧🇷Brazil

Multas por Cartel e Colusão em Licitações (Lei Antitruste)

1 verified sources

Definition

Antitrust enforcement under Lei 12,529/2011 against bid-rigging and price-fixing cartels in government procurement. Penalties: fines 0.1%–20% of gross revenue; asset divestiture; publication of judgment; minimum 5-year exclusion from public procurements. Cumulative with Clean Company Act and Public Procurement Act penalties.

Key Findings

  • Financial Impact: R$6,000–R$60,000,000 (or 0.1%–20% of annual gross revenue, whichever higher); asset divestiture (variable); 5-year debarment from government bidding
  • Frequency: Per cartel detected; can apply to multiple participants
  • Root Cause: Bid-rigging agreements (explicit or implicit) with competitors; information-sharing on pricing, quantities, or market allocation; joint bidding to appear competitive while dividing contracts

Why This Matters

The Pitch: Brazilian climate data analytics firms sharing market/bid intelligence with competitors risk R$6M–R$60M+ in antitrust fines plus 5-year debarment. Compliance training, communication controls, and audit systems eliminate cartel exposure and preserve bidding eligibility.

Affected Stakeholders

Sales/BD teams (bid strategy exposure), Legal/Compliance (cartel investigation defense), Executive Management (penalty exposure, reputational damage)

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Financial Impact

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Methodology & Sources

Data collected via OSINT from regulatory filings, industry audits, and verified case studies.

Evidence Sources:

Related Business Risks

Multas Administrativas por Não Conformidade em Licitações Públicas

R$6,000–R$60,000,000 per violation; or 0.1%–20% of annual gross revenue; or 1%–5% of contract value. For cartel/collusion: R$6,000–R$60,000,000 plus 0.1%–20% of gross revenue.

Perda de Vantagens Econômicas e Bloqueio de Fundos Públicos

Forfeiture of fraud-related gains (100% of illegal benefit); R$500K–R$5M+ in blocked government grants/incentives (1–5 year prohibition); potential mandatory dissolution

Multas por Não Conformidade com Sistema de Comércio de Emissões (SBCE)

LOGIC ESTIMATE: Comparable environmental non-compliance penalties in Brazil range from administrative warnings to fines of up to 2% of revenue (per LGPD analog and environmental enforcement patterns). For mid-market emitters (15,000–50,000 MT CO2/year), estimated penalty exposure: R$500,000–R$5,000,000 per non-compliance incident.

Penalidades por Não Conformidade com Legislação Ambiental e Órgãos Reguladores

LOGIC ESTIMATE: Contract termination penalties range from 5–20% of contract value (typical liquidated damages for environmental compliance breach). For a climate analytics firm with R$50M in annual carbon credit contracts, early termination exposure = R$2.5M–R$10M. Central Bank restrictions can reduce market access by 30–50%, causing revenue loss of R$15M–R$25M annually for mid-market firms.

Multas de Proteção de Dados (LGPD)

BRL 50,000 - BRL 50,000,000 (2% annual revenue cap)

Atraso na Cobrança de Multas Ambientais (Pesquisa de Carbono/Dados)

BRL 4,000,000,000+ annual fine exposure (2010-2016 avg); typical payment wait: 3-5 years; fine expiration risk: 100% loss if deadlines missed

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