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Competition and antitrust
Cade Court discusses criteria for certifying the proper execution of Leniency Agreements
In recent trial sessions, the Court of the Administrative Council of Economic Defense (Cade) discussed whether the non-establishment of administrative proceedings to investigate alleged anticompetitive crimes reported by the signatories of leniency...
Cade investigates exchange of information on HR topics
The Administrative Council for Economic Defense (Cade) has been analyzing the fine line between legitimate and anticompetitive market intelligence practices, and deepened the discussion on the subject in an investigation initiated on March 17 on...
Cade’s tribunal calls up merger filings for review
The approval of the Superintendence-General (SG) of Cade (Administrative Council for Economic Defence) is an important step for the parties to a merger filing to be able to close the deal, but it is not necessarily the last. This is because the...
Cade studies competition in digital markets
The Administrative Council for Economic Defence (Cade), through its Department of Economic Studies (DEE), recently released a study entitled Competition in digital markets: a review of specialized reports, which benchmarks international reports on...
Cartel Fine Calculation Guidelines under Public Consultation
The Administrative Council for Economic Defense (Cade) submitted to public consultation a preliminary version of the Cartel Fine Calculation Guidelines, which is intended to clarify the criteria used in the application of the fines established in...
Bill No. 1,179/20 and Cade
Since the declaration of the state of public calamity, the Administrative Council for Economic Defense (Cade) has indicated that there will be no relaxation of the application of the Antitrust Law (Law No. 12,529/11) because of the covid-19...
Antitrust repercussions of covid-19
The covid-19 pandemic has had an impact on the actions of the Administrative Council for Economic Defense (CADE) in the application of Law No. 12,529/11 (the Antitrust Law). The agency has maintained its activities with some adaptations in routine....
CADE discusses method for calculating the turnover of investment funds
A recent discussion held by the Administrative Council for Economic Defense (CADE) has raised questions about the criteria applicable when calculating the turnover of an economic group of investment funds, an exercise necessary to evaluate the need...
Prospects for Cade's actions in 2020
After a turbulent period, due to lack of a quorum at the Administrative Court, the Administrative Council for Economic Defense (Cade) begins its work in 2020 with four new commissioners on the tribunal and renewed energy at the Superintendency...
Cade regulates access by interested third parties to sensitive documents in administrative proceedings
The Administrative Council for Economic Defense (Cade) took another step to encourage private suits before the judiciary for damages for competitive violations, a measure considered important in the fight against cartels. Ordinance No. 869/19,...
Notification of associative agreements to Cade still generates uncertainty
The Administrative Council for Economic Defense (Cade) has reviewed about 40 merger filings involving the so called associative agreements since Resolution No. 17/2016 entered into force on November 25, 2016. These filings refer to agreements...
Cade sets rules for calculating fines for gun jumping
The Administrative Council for Economic Defense (Cade) has established new rules on the process in administrative proceedings for assessing merger acts (Apac), through which the agency investigates and punishes the early consummation of these acts,...
Cade: 25 years of advances and challenges
For 25 years, the Administrative Council for Economic Defense (Cade) was a great unknown among the population. This was due, in large part, to the market environment in Brazil, characterized by a history of state intervention and the fact that...
Cade demonstrates rigor in reviewing evidence presented in leniency negotiations
In unanimously deciding to dismiss an administrative proceeding initiated to investigate an alleged cartel in the Brazilian and international market for electronic power steering systems (EPS), the Administrative Council for Economic Defense...
Cade's Remedy Guidelines gives more transparency to negotiations in complex mergers
The Administrative Council for Economic Defense (Cade) launched in October of 2018 the Antitrust Remedy Guidelines. The Guidelines compile the best practices and procedures usually adopted by Cade in the design, application, and monitoring of...
New rules on disclosure of sensitive information in Cade investigations
On September 5, the Administrative Council for Economic Defense (Cade) issued a new regulation, Resolution No. 21/2018, to govern disclosure of sensitive materials produced in the course of administrative proceedings to investigate antitrust...
Mininum freight price tables and application of the antitrust exemption
The opinion of the Administrative Council for Economic Defense (Cade) on freight price tables, issued on June 17, brought to light an important discussion that goes beyond the limits of this concrete case: the application of the antitrust...
Calculation of group turnover for Cade purposes
The Antitrust Law (Law No. 12,529/2011) establishes three objective criteria that determine whether a corporate transaction must be filed with the Administrative Council for Economic Defense (Cade), namely whether it produces effects in Brazil,...
Cooperation between Bacen and Cade for joint action in cases involving the National Financial System
For more than a decade, the Central Bank of Brazil (Bacen) and the Administrative Council of Economic Defense (Cade) have been trying to define their respective jurisdiction to deal with issues related to the defense of competition in the national...
Cade's rigorous analysis of M&A transactions
This year, the Administrative Court of the Administrative Council for Economic Defense (Cade) has already rejected 50% more M&A transactions than in the almost five-year period between 2012, when the current Antitrust Law entered into force,...
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