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Competition and antitrust
Codelco and Anglo American ink Chilean copper mining JV
Chilean state-owned miner Codelco has enlisted Carey in Santiago and Brazilian outfit Machado Meyer Advogados to formally sign a joint mining agreement with UK-headquartered group Anglo American, through which they will jointly develop and operate...
US maritime group Tidewater buys Brazilian counterpart for US$500 million
Three Skadden, Arps, Slate, Meagher & Flom LLP offices, Brazil’s Machado Meyer Advogados and Uruguay's Posadas have helped US-based offshore marine services company Tidewater acquire the towage operations of Brazilian counterpart Wilson Sons...
SABIC vende el negocio ETP en América y Europa a Mutares
La petroquímica Saudi Basic Industries Corporation (SABIC) vendió activos del negocio de Engineering Thermoplastics (ETP) en América y Europa a la compañía alemana de inversión Mutares SE & Co. KGaA por 450 millones de dólares. ...
Criteria for notification of acquisition of real estate assets
The need to notify asset acquisition transactions to the Administrative Council for Economic Defense (CADE) has raised doubts since the enactment of the Brazilian Competition Law (Law 12.529/11). Especially, in cases involving the acquisition of...
CADE expected to review more transnational deals in Trump administration
Brazil’s competition authority CADE is expected to receive more transnational merger filings in the incoming US Donald Trump’s presidency, according to five sources with knowledge of M&A in Brazil and CADE. Check out the full article....
Multiple firms act on the sale of AccorInvest’s hotel portfolio to BTG
Trench Rossi Watanabe and Machado Meyer were the legal advisors on the sale of a hotel portfolio by AccorInvest to BTG Pactual. The operation, which has already been approved by CADE – with a final decision at the...
Cade reviews consultation on joint purchasing agreement
In April, the Administrative Tribunal of the Administrative Council for Economic Defense (CADE) reviewed a consultation submitted by two construction materials retailers that intended to implement a mechanism of joint negotiation with suppliers, by...
Two firms act on the acquisition of Águas de Fortaleza by GS Inima
Machado Meyer and Pinheiro Neto advised on the acquisition of 27% of Águas de Fortaleza’s capital stock by GS Inima. Check out the full story. (The Latin American Lawyer -...
CADE reiterates relative presumption of illegality of minimum RPM
The Tribunal of the Administrative Council for Economic Defense (CADE) dismissed, in August, an investigation regarding an alleged practice of resale price maintenance (RPM) in the Brazilian relevant market for watches. It concluded that the...
CADE analyzes agreement among competitors aimed at sustainability gains
The balance of environmental, social and governance (ESG) goals is becoming increasingly important in the agenda of companies, in Brazil and abroad. The number of ESG initiatives that require some degree of commercial strategy alignment or...
CADE sanctions for the first time hub-and-spoke cartel
The Tribunal of the Administrative Council for Economic Defense (Cade) sanctioned, in April of this year and for the first time, a hub-and-spoke cartel for defrauding competition in public tenders and private sales in the market for distribution...
Merger control filings
The Superintendence General of the Administrative Council for Economic Defense (SG/Cade) recapitulated, in a recent decision concerning a merger control filing, the discussion on which companies should be considered as part of the economic...
Cade resumes work on vertical merger guidelines
In recent years, the Administrative Council of Economic Defense (Cade) analyzed several vertical mergers that could potentially lead to competition concerns in several markets, such as supplementary health, banking, payments, petrochemical,...
Methodology for calculation of fines for gun jumping
The Administrative Council for Economic Defense (Cade – the Brazilian antitrust authority) discussed the retroactive application of the Resolution 24/19, which provides the methodology for calculation of fines for gun jumping violation (the early...
Consortium formation between competitors
The recent and unprecedented decision of the Administrative Council of Economic Defense (Cade) to hold three competitors in the telecommunications sector liable for an antitrust violation (concerted practice) due to the formation of a bidding...
The subjective element in the calculation of gun jumping fines
The Brazilian Competition Law provides that the total or partial consummation of merger transactions prior to the approval of the Administrative Council for Economic Defense (Cade) – a violation known as gun jumping – can be punished with fines...
Challenges of predatory pricing investigations
Pursuant to Ordinance 104/22, issued in March 2022, the Brazilian antitrust agency (Cade), updated the Predatory Pricing Analysis Guidelines, published in 2002. Predatory pricing – often mistaken for dumping – is the conduct to sell goods or...
Care in structuring collaboration agreements between competitors
In a recent ruling on a transaction involving the investment of large trading companies in a joint venture that operates in the intermediation of road freight, the Administrative Tribunal of of the Administrative Council for Economic Defense...
Turnover calculation for merger filings in Brazil: precautions to be taken in view of Cade’s current understanding
The General Superintendence of the Administrative Council of Economic Defense (Cade) established a new understanding in a recent decision, in line with two other precedents from the end of last year, regarding the turnover calculation applicable to...
Cade’s Court agrees that the calculation of fines in cartel cases must be based on the benefit obtained
The possibility of calculating fines for violations of Law No. 12,529/11 (Competition Defense Act) based on the benefit obtained by the infringer was widely discussed by the Court of the Administrative Council of Economic Defense (Cade) between...
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