Eduardo Molan Gaban

Nishioka & Gaban Advogados (Sao Paulo)

Eduardo has Ph.D. from PUC-SP. He is a former Visiting Fulbright Scholar at the New York University School of Law – NYU (2010-2011). Eduardo has in-depth knowledge of the Brazilian regulatory framework, having worked for 2 years as an enforcer at the Brazilian Antitrust Authority (CADE). He has successfully led complex and high-profile cases related to mergers, national and international investigations, civil and criminal cases for cartel practices, frauds, corruption schemes, such as bid rigging. Gaban has experience with complex litigation in several practice areas (antitrust and civil, criminal, antitrust, and intellectual property), and with disputes and advocacy in regulatory affairs involving logistics and transport, aviation, energy, telecommunications, and education. Eduardo receives recognition by clients, peers, and authorities as one of the leading lawyers in these areas. He brings a rare and differentiated experience, and a holistic and interdisciplinary approach in both national and international spheres.


3898 Bulletin

Bruno Droghetti Magalhaes Santos, Eduardo Molan Gaban The Brazilian Competition Authority issues two legal opinions in investigations related to sham litigation practices (Eli Lilly do Brasil)


On August 20, 2014, the General Superintendence of the Administrative Council for Economic Defense (“CADE”) rendered two legal opinions in investigations related to sham litigation practices recommending to CADE’s Tribunal: (i) the conviction of the companies Eli Lilly do Brasil Ltda. and Eli (...)

Eduardo Molan Gaban The Brazilian Council for Economic Defense (CADE) holds that the exercise of an industrial property right could turn out to be illegitimate and be an antitrust violation (Volkswagen do Brasil Indústria de Veículos Automotivos)


The author gives thanks to Mr. Bruno Droghetti Magalhães Santos and to Ms. Christine Holland, who gave support in research that was very useful to build this article. I. Background to the dispute The case refers to a Preliminary Investigation introduced by the Secretariat of Economic Law of (...)

Eduardo Molan Gaban A US Court grants the Federal trade Commission an order of enforcement, precising standards of its investigative tools on extraterritorial bases (FTC / Church & Dwight)


Summary of the case In connection with a non-public investigation into a possible monopoly in the distribution or sale of condoms, the Federal Trade Commission (FTC) petitioned for the U.S. District Court for the District of Columbia (“Court”) for an order enforcing a subpoena duces tecum and (...)

Eduardo Molan Gaban The Brazilian Competition Authority vetoes a transaction in the industry of concrete services based on the conservative presumption of an economic group by summing minority equity interest in companies with a small cross-sharing (Tupi / Polimix)


The author thanks Natali de Vicente Santos for researching and debating this case law with him, which contributed for this article. I. Summary of the case In this case, the discussion at CADE focused on the corporate relationship between rivals being able to raise anticompetitive effects even (...)

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