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.
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
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.
Application of the new methodology still depends on the positions of the chairman of the body and a counselor to be appointed.
Would not the initiation of administrative proceedings to investigate alleged competitive acts reported by signatories of leniency agreements prevent the approval of these instruments?
Exchange of information on HR topics that eliminate uncertainties about the strategic behaviour of competitors under investigation by Brazilian antitrust agency.
With 12 precedents in this direction at the moment, three in 2020 alone, the possibility of orders to call up cases can no longer be considered remote. Transactions may take longer to be approved, postponing the date foreseen initially for closing the deal.
Brazilian competition authority gathers historical data about transactions carried out by digital platforms in the past decade to identify deals for which reporting may still be required.
The document shows the Braziliancompetition regulator’s commitment with systematization and transparency of the parameters for calculating cartel fines, to increase the predictability of Cade’s cartel rulings.
Emergency changes do not grant immunity from the effects of the covid-19 pandemic. Companies must remain vigilant in the application of good competitive practices.
Our attorneys analyze possible impacts of the current crisis on the area of antitrust practice control and review of mergers.
Until the standard is changed or CADE adopts a new interpretation of its provisions, it is not necessary to take the manager into account when calculating the turnover of an investment fund’s group.