Eduardo Molan Gaban: graduation in Law (PUC/ SP). Master of Laws in Law (PUC/SP). PhD in Constitutional/Economic Law (PUC/SP and New York University, as Visiting Fulbrighter). Is specialized in antitrust/competition, international law and trade, and litigation on economic law in several scopes. Has worked at the Administrative Council for Economic Defense (CADE), in Brasília. Has been acknowledged as Leading Lawyer in his practice areas by the most important international publications of the area, such as LatinLawyer 250, Chambers and Partners, Euromoney etc. Author of several articles and of the books: Brazilian Competition Law – a Practitioner’s Guide – Published in Europe and United States in August 2013; Competition Law in Brasil – International Encyclopedia of Laws (IEL) - Published in Europe by Wolters Kluwer in 2012; Regulação do Setor Postal [Postal Services Regulation] - Saraiva, 2012; Direito Antitruste [Antitrust Law] Saraiva, 2012; Antitrust Law in Brazil: Fighting Cartels - Published in Europe and the United States by Wolters Kluwer in 2011; Estudos de Direito Econômico e Economia da Concorrência [Studies on Economic Law and Competition Economics] - Juruá, 2009; Direito Antitruste: o Combate aos Cartéis [Antitrust Law: Fighting Cartels] - Saraiva (2nd edition in 2009, 1st edition in 2008) – the first edition was awarded the prize “Troféu Cultura Econômica - Melhor livro de Direito” [Economic Culture Trophy – Best Law Book) granted by the government of the State of Rio Grande do Sul. Is member of the Superior Council for Legal and Legislative Affairs of the Federation of Industries of the State of São Paulo (CONJUR/FIESP). Leader and Researcher at the Center for the Study of Competition and Innovation at PUC-SP (linked to the Master and Doctorate in Laws program). Professor of Economic Law and International Trade in post-graduation programs since 2005.
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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 (...)
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I. Summary of the cases Each of the four concentration acts (“Monsanto Cases”) refer to non-exclusive licensing agreements for the development, testing, production and commercialization of seeds using Intacta RR2 PROTM technology in Brazil, executed between Monsanto, as licensor, and Syngenta, (...)
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The author gives thanks to Mr. Bruno Droghetti Magalhães Santos, who gave support in research that was very useful to build this article. I. Summary of the case CADE decided to veto the Votorantim/Cimpor and Votorantim/Lafarge transactions and approve Camargo Corrêa/Cimpor transaction, (...)
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The author gives thanks to Ms. Natali de Vicente Santos, who gave support in research that was very useful to build this article. I. Summary of the case For the first time, CADE applied the “declining markets” argument to justify that the transaction between two ammunition companies was not (...)
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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 (...)
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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 (...)
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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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SDE/MJ ex officio v. AGA S.A et al., better known as the medical and industrial gases Cartel - price fixing and market division conspiracy in the medical and industrial gas market. The investigation began in December 2003, and CADE’s decision was reached in May 2008. Some customers who suffered (...)
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A producer of mail sacks that was one of the suppliers of the USPS sued the latter for terminating, without justification, their supply Agreement. The USPS has a dominant position in several postal markets in the US and was challenged under Section 2 of the Sherman Act (i.e., attempt to (...)
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