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CADE's analysis of the joint purchasing agreement sought by two retail companies highlights points to be considered in agreements of this kind.
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CADE confirms relative presumption of illegality to minimum resale price maintenance. Position aims to avoid reduction of intra-brand competition.
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Agreements amongst competitors to obtain sustainability gains should be carefully analyzed by the companies and begin to be discussed by CADE.
CADE sanctions for the first time hub-and-spoke cartel
Companies acted in public bids and private sales in the market for distribution and resale of digital whiteboards.
Merger control filings
Companies should consider the impacts of previous transactions when assessing the need to submit a new transaction to Cade.
Cade resumes work on vertical merger guidelines
The agency formed a working group and is hiring an external consultant to support the drafting of the document.
Methodology for calculation of fines for gun jumping
Cade discusses the retroactive application of Resolution 24/19
Consortium formation between competitors
Care to be taken in bids to avoid allegation of competitive infringement.
The subjective element in the calculation of gun jumping fines
To calculate gun jumping fines, Cade takes into account several aspects besides the deliberate act of infringing the law
Challenges of predatory pricing investigations
The Brazilian antitrust agency has already investigated several cases, but there has never been a conviction. An ordinance published in March should help with the analysis and reduce investigation costs.
Care in structuring collaboration agreements between competitors
Assessing the competitive risks of joint ventures and devising governance mechanisms and antitrust protocols is essential to avoid Cade carrying out a more prolonged analysis of the case and even proposing the negotiation of remedies to approve the operation
Turnover calculation for merger filings in Brazil: precautions to be taken in view of Cade’s current understanding
As the new understanding leaves room for interpretation, it is recommended, in certain cases, to carry out the assessment at signing and before closing the transaction.
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