Competition and antitrust
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.
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.
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.