Globalization and technology have stimulated competition among companies and led to a rapid evolution in antitrust laws. To preserve free competition and to protect consumer interests, authorities have become more stringent in evaluating operations between enterprises and a wide range of business practices. The risks for those who ignore this branch of law have grown and the penalties applied by CADE are increasingly severe.
If the expansion strategy of your company involves consolidations, acquisitions, equity participation increases, business partnerships, or business practices that may involve a material market impact, you need to understand the risks related to competition law and know how to address them.
We have a recognized history of success in representing our clients before CADE, having worked in some of the most complex mergers thus far reported. We are particularly active in conducting mergers related to transactions between large Brazilian companies, cross-border transactions reported simultaneously in several countries, and also in transactions involving regulated markets that require articulation and coordination with CADE and other regulatory agencies involved. In many of these cases, our work starts long before the operations are reported, with participation in structuring such transactions to identify potential antitrust risks and develop customized structures to mitigate them.
In the area of investigation into anticompetitive conduct, we have partaken in virtually all important cases analyzed by CADE, including major international investigations replicated in Brazil in recent years. In this context, we have a recognized history of successful defenses and have also represented clients in many negotiations of settlements agreeing to cease certain practices and leniency agreements. In addition, we have advised numerous clients (often market leaders and major equity holders in their industries) in the design of innovative business models, thereby assessing the relevant antitrust risks and assisting in the proper structuring of these businesses.
Our work in developing and implementing antitrust compliance programs is also recognized. We identify critical points according to our clients' activities, describe the risks and the measures that may reduce them, and prepare training programs and monitor these measures for success.
Finally, we provide support to our clients in litigation involving issues of economic law and prepare studies and opinions in these areas to support our clients’ growth and innovation strategies.
Competition laws affect almost all of a company’s business activities. With our experience and our knowledge of the Brazilian legislation, we give legal certainty to the expansion strategy of your company by reducing exposure to risk and maintaining your competitiveness.