Brazilian Antitrust

Foreword Brazilian Antitrust: An overview of the antitrust regulation and enforcement

This article aims at providing a comprehensive overview of the Brazilian Antitrust Regulation that rules both anticompetitive conducts and merger control investigations. It shall also provide a wider perspective of such Regulation enforcement.

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Tauil & Chequer in cooperation with Mayer Brown (Sao Paulo)
Brazil 2 contributions 2493 visits
University of Pennsylvania Law School (Philadelphia)
United States 1 contribution 49 visits

Anticompetitive practices

 The US DoJ joins with the Latin American Competition Authorities to launch parallel investigations and enforcement actions involving alleged anticompetitive restrictions on digital products and in-app purchases, digital advertising, self-preferencing, and various exclusivity arrangements
White & Case (Washington)
United States 11 contributions 1839 visits
,
White & Case (Washington)
United States 50 contributions 28479 visits
,
White & Case (Washington)
United States 34 contributions 19772 visits
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Latin America has emerged as a major growth market for the tech sector and digital markets, particularly in the tech hotbeds of Brazil, Chile, Colombia, and Mexico. While digital markets have been in the crosshairs of the US Department of Justice (DOJ) for quite some time, Latin American (...)

The Brazilian Competition Authority fines 3 companies and 13 individuals for a cartel in the sodium silicate market (Manchester Química / Unaprosil / Perquímia)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE fines over 60 million reais for a cartel in the sodium silicate market* The authority fined companies and individuals for the anticompetitive conduct In the hearing of 9 November, the Administrative Council for Economic Defense (CADE) convicted the companies Manchester Química, (...)

The Brazilian Competition Authority fines six firms and 35 individuals for anticompetitively exchanging information on hiring practices in the healthcare industry
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE signs agreements in case in the market of hired labour in healthcare industry* A total of six firms and 35 individuals are to pay more than BRL 34 million in financial contributions The Administrative Council for Economic Defense (CADE) signed six Cease and Desist Agreements with (...)

The Brazilian Competition Authority finds three companies guilty of cartel activity in the distribution and resale of LP gas (Nacional Gás Butano Distribuidora / Revendedora de Gás da Paraíba / Frazão Distribuidora de Gás)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE finds three companies guilty of cartelisation in the distribution and resale of LP gas* Fines reach over BRL 600 million On 3 August, the Administrative Council for Economic Defense (CADE) found the companies Nacional Gás Butano Distribuidora, Revendedora de Gás da Paraíba, and Frazão (...)

The Brazilian Competition Authority finds mobile phone operators liable for cartel arrangements (Claro / Oi Movel / Telefonica Brasil)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE fines Claro, Oi Móvel and Telefônica 783 million reais for antitrust violations in Correios’ tender* The procurement process for data transmission services took place in 2015 On 11 May 2022, the Tribunal of the Administrative Council for Economic Defense (CADE) convicted the mobile (...)

The Brazilian Competition Authority imposes a large fine on two HDPE pipe manufacturers and three individuals for market sharing, bid rigging and price fixing (Brastubo / Poly Easy)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE convicts cartel members in the Brazilian market of pipes and fittings* The authority convicted Brastubo, Poly Easy, and three individuals to pay fines amounting to BRL 33.1 million On 27 April 2022, the Administrative Council for Economic Defense (CADE) convicted the firms Brastubo (...)

The Brazilian Competition Authority fines a provider of high-cost medical devices for bid rigging (St Jude Medical Brasil)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE signs agreement in cartel investigation into public tender for orthoses, prostheses, and high-cost medical devices* The firm Saint Jude Medical Brasil must pay BRL 56.4 million as a financial contribution On 27 April 2022, the Administrative Council for Economic Defense (CADE) signed (...)

The Brazilian Competition Authority fines maritime vehicle shipping providers for participation in a cartel (Hoegh Autoliners)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE fines maritime vehicle shipping providers for participation in cartel* The firm Hoegh Autoliners Holdings AS and an individual were fined BRL 26.4 million On 23 March, the Tribunal of the Administrative Council for Economic Defense (CADE) found the company Hoegh Autoliners Holdings (...)

The Brazilian Competition Authority fines two companies and five individuals for anticompetitive conduct in the resin market (Royal Química / Cempre Apoio Educacional)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
Cartel in the resin market is fined 46.8 million reais* The authority convicted two companies and five individuals for the anticompetitive conduct On 23 March 2022, the Administrative Council for Economic Defense (CADE) convicted the firms Royal Química and Cempre Apoio Educacional, in (...)

The Brazilian Competition Authority launches an administrative proceeding against 42 companies and 43 individuals to investigate allegations of a cartel in public and private procurement for outsourced services
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE launches proceeding to investigate cartel in outsourced services procurement* More than 50 procurement processes had signs of collusion On Tuesday (14 September), the Office of the Superintendent General of CADE (SG) launched an administrative proceeding against 42 companies and 43 (...)

The Brazilian Competition Authority issues practical guidelines to help officials prevent and detect anticompetitive practices in public procurement
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE launches practical guidelines to help procurement officials prevent and detect cartels in public procurement* The documents lists strategies of collusion between companies, red flags of collusive conduct, and recommendations on how to prevent these unlawful practices in tenders On 3 (...)

The Brazilian Competition Authority recommends the conviction of cartel members in tenders of orthoses, prostheses, and medical devices (Biotronik Comercial Médica / Boston Scientific do Brasil / Medtronic Comercial / St. Jude Medical Brasil)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE’s Office of the General Superintendent recommends the conviction of cartel members in tenders of orthoses, prostheses, and medical devices* Together, the collusive firms controlled the entire market of implantable cardiac pacemakers used in heart disease treatments On 24 August, CADE’s (...)

The Brazilian Competition Authority fines ten office and school supplies companies for bid rigging (Comercial Armarinho Oliveira / Livraria e Papelaria Boa Vista / Livraria e Leal Dantas)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
Office and school suppliers found guilty of bid rigging in Pernambuco Cartel* CADE levied fines totalling BRL 1.5 million on ten companies and five individuals involved in the scheme In the hearing of this Wednesday (18 August), the Administrative Council for Economic Defense (CADE) found (...)

The Brazilian Competition Authority fines multiple undertakings involved in a rendering industry cartel in Rio Grande do Sul
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE signs agreements related to a cartel in the market of rendering industry in Rio Grande do Sul* In total, more than BRL 18.7 million are to be paid as financial contributions In the hearing held last Wednesday (30 June), the Administrative Council for Economic Defense (CADE) ratified (...)

The Brazilian Competition Authority convicts members of a cartel in procurements for PVC pipes and fittings (BR Plásticos Indústria / BRP Indústria Plástica / Nicoll Indústria Plástica Tigre / Amanco)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE convicts a cartel in procurements for PVC pipes and fittings* In the hearing of this Wednesday (30 June), the Administrative Council for Economic Defense convicted five firms and six individuals for a cartel in public procurements for PVC pipes and fittings. Such procurements were aimed (...)

The Russian Competition Authority, along with other BRICS countries, launches an investigation of the pharmaceutical market
Russian Federal Antimonopoly Service (Moscow)
France 327 contributions 57366 visits
The FAS Russia together with the BRICS countries will start a full-scale research of the pharmaceutical market this year* This and other topics were discussed by representatives of the competition authorities of the countries of the international association. The FAS Russia was represented (...)

The Brazilian Competition Authority starts its first investigation involving the labor market in the healthcare industry
Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 5 contributions 3463 visits
On March 17, 2021, CADE released a public order disclosing it is investigating potential anticompetitive practices performed into the labor market in Brazil , mirroring a worldwide trend that is already a strong policy in some seasoned jurisdictions. The proceeding at a glimpse As public (...)

The BRICS Competition Authorities issue a statement on COVID-19
Shardul Amarchand Mangaldas (New Delhi)
India 63 contributions 18882 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 20936 visits
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Shardul Amarchand Mangaldas (New Delhi)
India 66 contributions 19841 visits
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The Heads of the BRICS Competition Authorities of Brazil, Russia, India, China and South Africa issued a Statement on COVID-19. The Authorities noted the significant impact of the pandemic on all aspects of global economic stability, especially in developing countries and recognised the (...)

The Brazilian Competition Authority publishes general guidelines for competitor collaborations allowed during the COVID-19 crisis
Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
,
Caminati Bueno Advogados (São Paulo)
Brazil 5 contributions 3463 visits
On July 6th , the Brazilian Antitrust Authority (CADE) published the so-called “Provisional Informative Note” to guide the economic agents on the collaboration between companies to fight the Covid-19 crisis. The document (available here), awaited by the antitrust community, sets out general (...)

The Brazilian Competition Authority authorises competitor collaboration to assist the recovery of small retailers of beverages, food and personal and domestic care products against the economic effects of COVID-19 (Movimento Nós)
Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
,
Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
,
Caminati Bueno Advogados (São Paulo)
Brazil 5 contributions 3463 visits
In an Extraordinary Judgment Session held on May 28th, the Tribunal of the Brazilian Antitrust Authority (Cade) ratified a decision of its General Superintendence and authorized a collaboration among a group of companies (including competitors) - Ambev, BRF, Coca-Cola, Mondelez, Nestlé and (...)

The Brazilian Competition Authority authorises temporary collaboration due to COVID-19 among competitors distributing consumer goods such as beverages, food, and personal and domestic care products to small and medium retailers (Movimento Nós)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
Cade authorizes collaboration among Ambev, BRF, Coca-Cola, Mondelez, Nestlé and Pepsico due to the new coronavirus crisis* Exceptional measure aims to minimize the effects of the crisis due to the Covid-19 pandemic The Administrative Council for Economic Defense (Cade) recently decided to (...)

The Brazilian Competition Authority recommends closing an administrative inquiry that investigates potential anticompetitive conduct in the transmission of sensitive information among competitors in the payment market
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
1 contribution 295 visits
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Federal Comptroller General - Brazil
Brazil 9 contributions 2958 visits
On October 14, CADE’s General Superintendence (GS) recommended closing an administrative inquiry investigating potential anticompetitive conduct. Such conduct consisted of the transmission of sensitive information among competitors in the payments market. More specifically, the investigation (...)

The Brazilian Competition Authority confirms the five-year statute of limitations for uniform conduct in the gas stations sector (Gas stations cartel)
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
1 contribution 514 visits
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Mattos Filho (Brasilia)
Brazil 1 contribution 514 visits
Confirming the recent understanding adopted in the ruling of the Trains Cartel, CADE’s Tribunal unanimously acknowledged, at the judgment session on June 30, the five-year statute of limitations for the conduct of influence of uniform conduct. The new orientation was confirmed in an (...)

The Brazilian Competition Authority and the Federal Court of Accounts of Brazil enter into a cooperation agreement to fight bid-rigging in public procurement
Hogan Lovells (Washington)
United States 11 contributions 3657 visits
The Administrative Council for Economic Defense (Conselho Administrativo de Defesa Econômica – CADE) and the Federal Court of Accounts of Brazil (Tribunal de Contas da União – TCU), entered into a cooperation agreement on 27 December 2018 as part of a joint effort to fight violations of the (...)

The Brazilian Administrative Council For Economic Defence’s Tribunal provides further guidance for the assessment of international cartels and indicates when they are considered as able to produce effects in Brazil (Elpida / Mitsubishi / Nanya / NEC / Toshiba)
DLA Piper (New York)
United States 5 contributions 2148 visits
,
Mattos Filho (Sao Paulo)
Brazil 2 contributions 651 visits
,
Mattos Filho (Sao Paulo)
Brazil 3 contributions 1081 visits
CADE’s Tribunal provided, during judgment sessions held between August and November of 2016, further guidance for the assessment of international cartels, indicating when they are considered able to produce effects in Brazil, in breach of Brazilian competition law. These decisions were (...)

The Brazilian Superior Court of Justice limits the confidentiality of the Brazilian Competition Authority’s leniency agreements (Εlectrolux)
DLA Piper (New York)
United States 5 contributions 2148 visits
,
Mattos Filho (Sao Paulo)
Brazil 4 contributions 1964 visits
,
Carrilho Donas Gumaraes e Falek Advocacia (Brasilia)
Brazil 1 contribution 600 visits
The Brazilian Superior Court of Justice (“STJ”) has issued a ruling that seeks to limit the confidentiality of leniency agreements entered into with the Brazilian antitrust authority (“CADE”). Pursuant to the ruling, third parties may have access to such agreements and related materials (...)

The Brazilian Competition Authority fines air cargo carriers for price fixing, highlighting the importance of leniency program in the fight against cartels (Absa Aerolineas Brasileiras)
OECD - Competition Division (Paris)
France 11 contributions 10833 visits
Introduction CADE’s Tribunal condemned airlines ABSA Aerolineas Brasileiras S.A., Varig Logistica SA, American Airlines Inc., and Alitalia Linee Aeree Italiane S.P.A., plus seven individuals, for cartel formation in the international air cargo sector. The fines sum approximately 300 million (...)

The Brazilian Competition Authority suggests the conviction of car manufacturer and its car dealers for bid rigging in ambulance public tender (General Motors)
Inglez, Werneck, Ramos, Cury e Françolin Advogados (Sao Paulo)
Brazil 4 contributions 3351 visits
The Brazilian competition authority in charge for the investigation of antitrust violations – CADE’s General Superintendence (“SG”) – has suggested the conviction of General Motors (“GM”), and two of its car dealers HDM Ditribuidora de Veículos Ltda. (“HDM”) and Itororó Brás Veículos e Peças (...)

The Brazilian CADE issues a decision on resale price maintenance that may serve as guidelines for future analyses (SKF)
OECD - Competition Division (Paris)
France 11 contributions 10833 visits
,
Federal Comptroller General - Brazil
Brazil 9 contributions 2958 visits
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Machado Meyer Sendacz & Opice
Brazil 1 contribution 461 visits
The Brazilian Competition Authority (CADE) has recently issued an important decision on Resale Price Maintenance (RPM) practices that may serve as guideline for future analyses of this conduct (CADE’s Administrative Proceeding nº 08012.001271/2001-44). The administrative judgment started in (...)

The Brazilian Antitrust Tribunal fines medical gas companies more than USD 1.3 billion for conspiracy (SDE/MJ/AGA)
Nishioka & Gaban Advogados (Sao Paulo)
9 contributions 3987 visits
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 (...)

Unilateral Practices

 The Brazilian Competition Authority orders a food delivery service to cease exclusivity clauses and install remedies (iFood)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE signs agreement with iFood in case involving exclusivity deals in food delivery marketplaces* The Cease and Desist Agreement intends to promote competition and facilitate the entry of other applications into the sector The Administrative Council for Economic Defense (CADE) entered (...)

The Brazilian Competition Authority signs a cease and desist agreement with a health and fitness club following investigation for abuse of dominance in the minimum price fixed for health fitness activities on its platform (Gympass)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE signs agreement with Gympass in Brazilian health club market* Daily fines are to be applied in case of non-compliance On 21 September 2022, the Administrative Council for Economic Defense (CADE) ratified the Cease and Desist Agreement with Gympass on the administrative enquiry that (...)

The Brazilian Competition Authority signs an agreement with a health club aggregator platform to halt exclusivity clauses and resale price maintenance practices (Gympass)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE signs agreement with Gympass in Brazilian health club market* Daily fines are to be applied in case of non-compliance On 21 September 2022, the Administrative Council for Economic Defense (CADE) ratified the Cease and Desist Agreement with Gympass on the administrative enquiry that (...)

The Brazilian Competition Authority suspends exclusivity contracts on the wellness platforms market (Gympass / Totalpass)
Vinicius Marques de Carvalho Advogados (VMCA) (Sao Paulo)
1 contribution 487 visits
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Universidade de Brasília (Brasília)
1 contribution 487 visits
The Administrative Council for Economic Defence (CADE) has prohibited corporate wellness platform Gympass from executing exclusivity contracts with its clients. In its decision, the CADE considered such arrangements as potentially exclusionary as they prevent new entrants in the market from (...)

The Brazilian Competition Authority issues an interim decision on exclusivity agreements in the market for gyms (Gympass / Totalpass)
Charles River Associates International (CRA) (São Paulo)
Brazil 4 contributions 5828 visits
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Charles River Associates International (CRA) (São Paulo)
Brazil 1 contribution 84 visits
Introduction. In 2020, the wellness platform Totalpass filed a complaint before the Brazilian antitrust authority (CADE) claiming that a competitor, Gympass, had imposed exclusivity agreements to more than 80% of the gyms in Brazil, which hindered the entry of new competitors and maintained (...)

The Brazilian Competition Authority assesses a national fuel company’s IT system used to negotiate prices with its retailers (Ipiranga)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE assesses fuel company Ipiranga’s new pricing policy* The fuel distribution company has consulted with the authority about an IT system to negotiate prices with its retailers. In a hearing held last Wednesday (30 June), the Tribunal of the Administrative Council for Economic Defense (...)

The Brazilian Competition Authority decides to file charges against a multinational technology company due to one of its online shopping platform features (Google)
OECD - Competition Division (Paris)
France 11 contributions 10833 visits
,
University of São Paulo
Brazil 3 contributions 3693 visits
GOOGLE SHOPPING IN BRAZIL: HIGHLIGHTS OF CADE’S DECISION AND TAKEAWAYS FOR DIGITAL ECONOMY ISSUES On 26 June 2019, the Brazilian Competition Authority (CADE) decided to file the competition charges raised against Google on its “Google Shopping” feature. It was not an easy decision, which is (...)

The Brazilian Competition Authority enters into a settlement agreement with a major refining company for the sale of oil refineries (Petrobras)
DLA Piper (New York)
United States 5 contributions 2148 visits
,
Mattos Filho (Sao Paulo)
Brazil 4 contributions 1964 visits
,
Mattos Filho (Rio de Janeiro)
Brazil 1 contribution 524 visits
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During a hearing held on June 11, 2019, the Administrative Council for Economic Defense (CADE) entered into a Settlement Agreement with Petrobras for the sale of eight oil refineries and associated infrastructure. The agreement was approved by the majority of CADE’s Commissioners and has in (...)

The Brazilian Competition Authority issues two legal opinions in investigations related to sham litigation practices (Eli Lilly do Brasil)
Nishioka & Gaban Advogados (Sao Paulo)
9 contributions 3987 visits
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Figueiredo e Velloso Advogados (São Paulo)
Brazil 2 contributions 1310 visits
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 (...)

The Brazilian Competition Authority grants preliminary injunction against a leading banking group who engaged into exclusive dealing (Bank of Brazil / Interstate Federation of the Public Workers)
Lefosse Advogados (São Paulo)
Brazil 2 contributions 813 visits
The Brazilian Competition Authority – Conselho Administrativo de Defesa Econômica(hereinafter CADE) – has granted a preliminary injunction on an administrative procedure initiated ex officioby CADE itself, following a complaint against Banco do Brasil presented by the Interstate Federation of (...)

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)
Nishioka & Gaban Advogados (Sao Paulo)
9 contributions 3987 visits
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 (...)

Mergers

 The Brazilian Competition Authority approves the acquisition of the port assets of a shipyard by a ports operator (Atlântico Sul / APMT Terminals)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE approves acquisition of Atlântico Sul by APMT Terminals* The transaction was cleared unconditionally In the hearing of 8 February 2023, the Administrative Council for Economic Defense (CADE) approved the APMT Terminals acquisition of the total share capital of Atlântico Sul owned by (...)

The Brazilian Competition Authority reviews the acquisition of a vegetable producer and a pesticide distributor by an agricultural research and development firm (Feltrin / Agrocerrado / Grupo Syngenta)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE to review acquisition of Feltrin and Agrocerrado by Grupo Syngenta* The firms operate in the field of agricultural products and technical support The Administrative Council for Economic Defense (CADE) will review the acquisition of Feltrin and Agrocerrado by Grupo Syngenta. (...)

The Brazilian Competition Authority unconditionally clears a merger between two institutions in the healthcare sector as the merger does not raise competition concerns (Rede D’Or / Sul América)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE clears merger between Rede D’Or and Sul América S.A* The transaction regards two major institutions in the Brazilian healthcare sector In the hearing of 14 December 2022, the Tribunal of the Administrative Council for Economic Defense (CADE) unconditionally cleared, by its majority, (...)

The Brazilian Competition Authority conditionally clears a joint venture of firms in the automotive sector subject to compliance with information exchange restrictions (Volkswagen / BMW / Mercedes-Benz / BASF / Bosch / Henkel / SAP / Schaeffler / Siemens / T-Systems / ZF)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE conditionally clears a joint venture of firms in the automotive sector* The companies’ trade agreement will give rise to a new economic player On 14 December 2022, the Administrative Council for Economic Defense (CADE) conditionally cleared a joint venture among 11 companies in the (...)

The Brazilian Competition Authority clears the acquisition of a leading video game publisher by a Big Tech company (Microsoft / Activision Blizzard)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE clears Microsoft’s acquisition of Activision Blizzard* The transaction still depends on the decisions of foreign jurisdictions This past Wednesday (5 October), the Office of the Superintendent General, the investigative arm of the Administrative Council for Economic Defense (CADE), (...)

The Brazilian Competition Authority fines 2 car dealerships for gun jumping in the transfer of a franchise dealership (Grand Brasil / Bis Distribuiçã)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
Grand Brasil and Bis Distribuição to pay BRL 2 million for gun jumping* The firms did not report a transaction to the Brazilian antitrust authority On 5 October 2022, the Administrative Council for Economic Defense (CADE) found the firms Grand Brasil and Bis Distribuição guilty of (...)

The Brazilian Competition Authority recommends conditional clearance of the acquisition transaction between two pharmaceutical companies (Pague Menos / Extrafarma)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE’s investigative arm recommends Pague Menos’ acquisition of Extrafarma be conditionally cleared* The Tribunal of the agency will review the case for a final decision CADE’s investigative body remitted the acquisition of the pharmacy chain Extrafarma to the Tribunal, suggesting its (...)

The Brazilian Competition Authority allows a European shipping company to exercise some corporate control over a national logistics company while the Authority considers its proposed acquisition (SAS Shipping Agencies Services / Log-In Logística Intermodal)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE allows SAS to exercise some corporate control over the business affairs of Log-In until the case is adjudicated* The authorization ensures the reversibility of the transaction and the competitive conditions of the affected markets On 15 December 2021, the Administrative Council for (...)

The Brazilian Competition Authority considers conditionally clearing the merger of the nation’s two leading car rental companies (Unidas / Localiza)
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
CADE’s Tribunal will review the acquisition of Unidas by Localiza* The Office of the Superintendent General that recommends applying remedies to mitigate risks derived by the transaction has identified competition concerns in the car rental market On 6 September, CADE’s Office of the (...)

The Brazilian Competition Authority implements measures in line with WHO recommendations against the spread of the COVID-19
Mattos Filho (Sao Paulo)
Brazil 1 contribution 373 visits
,
Mattos Filho (Sao Paulo)
Brazil 3 contributions 1081 visits
,
DLA Piper (New York)
United States 5 contributions 2148 visits
…
The Brazilian antitrust authority has implemented measures in line with WHO recommendations against the spread of the COVID-19, and activities are being carried out without major impacts, although deadlines in conduct cases are now suspended and delays in certain matters cannot be altogether (...)

The Brazilian Competition Authority’s Tribunal discusses the possibility of increasing the legal limits for fines in gun jumping cases (IBM / Red Hat)
Federal Comptroller General - Brazil
Brazil 9 contributions 2958 visits
IBM Red Hat case triggers discussion on gun jumping fine* CADE’s Tribunal debates changing the limits for fines, which would be currently outdated for high-value transactions. In the context of an Administrative Proceeding to Investigate a Merger (APAC, in its Portuguese acronym), CADE’s (...)

The Brazilian Competition Authority requests the submission of a below-threshold transaction between two distributors of pharmaceutical supplies (All Chemistry / SM Empreendimentos)
Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
,
Caminati Bueno Advogados (São Paulo)
Brazil 5 contributions 3463 visits
,
Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
1. INTRODUCTION During the trial session of September 5, 2018, the Tribunal of the Brazilian Competition Authority (“CADE”) requested the submission of a transaction that did not trigger the mandatory notification thresholds.- In short, the transaction concerns the acquisition of All (...)

The Brazilian Competition Authority issues guidelines on gun jumping
DLA Piper (New York)
United States 5 contributions 2148 visits
,
Mattos Filho (Sao Paulo)
Brazil 2 contributions 651 visits
,
Mattos Filho (Sao Paulo)
Brazil 4 contributions 1964 visits
On May 20, 2015, the Administrative Council for Economic Defense (“CADE”) issued guidelines on gun jumping (“Guidelines”). These Guidelines are not binding on parties involved in transactions that require antitrust approval in Brazil, but they serve as an important guidance for companies and (...)

The Brazilian Federal Supreme Court overrules the Competition Authority’s appeal regarding the Central Bank’s exclusive jurisdiction for merger control in financial institutions (Brazilian Central Bank)
Inglez, Werneck, Ramos, Cury e Françolin Advogados (Sao Paulo)
Brazil 4 contributions 3351 visits
,
Amazon (Gdansk)
Poland 1 contribution 224 visits
The Brazilian Federal Supreme Court has overruled the Brazilian Competition Authority’s appeal regarding the verdict issued by the Brazilian Superior Court of Justice regarding the Brazilian Central Bank’s exclusive jurisdiction for merger control involving banks and financial institutions in (...)

The Brazilian Competition Authority analyses two international mergers with intense cooperation with the EU Commission, indicating a new approach for international merger review in Brazil (Mach / Syniverse / Munksjö / Ahlstrom)
OECD - Competition Division (Paris)
France 11 contributions 10833 visits
,
Federal Comptroller General - Brazil
Brazil 9 contributions 2958 visits
CADE has recently analyzed two international mergers with intense cooperation with DG-Competition. In fact, these two cases reflect the advances brought by new Competition Law. In the previous law, CADE would only analyze cases after their approval by other jurisdictions. With the institution (...)

The Brazilian Parliament adopts merger law, with an increase in filing thresholds and merger regulations
Milbank (New York)
United States 6 contributions 1561 visits
,
Jones Day (Sao Paulo)
Brazil 3 contributions 461 visits
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Jones Day (New York)
United States 3 contributions 461 visits
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On May 29, 2012, Brazil’s New Merger Law entered into force and the Administrative Council for Economic Defense ("CADE") issued Merger Regulations that further define what transactions must be reported and what filing procedures followed in Brazil’s new pre-merger control regime. On May 31, (...)

The Brazilian Parliament enforces a competition act on the merger review developments
Magalhães e Dias (São Paulo)
Brazil 1 contribution 654 visits
,
Trench Rossi & Watanabe (Baker McKenzie Sao Paulo)
Brazil 1 contribution 654 visits
,
Magalhães e Dias (São Paulo)
Brazil 2 contributions 738 visits
Introduction It has been almost one year since, in May 29, 2012, a new Competition Act (Law 12.529/11) came into force in Brazil, radically altering the country’s antitrust framework. The purpose of the long-awaited new law was to allow the competition regulator (the Administrative Council (...)

The Brazilian Competition Authority imposes conditions on merger to create the largest airline in Latin America (TAM and LAN Airlines/Latam Airlines Group)
Lefosse Advogados (São Paulo)
Brazil 2 contributions 813 visits
,
Azevedo Sette Advogados (Belo Horizonte)
Brazil 1 contribution 357 visits
The Administrative Council of Economic Defence (Conselho Administrativo de Defesa Econômica– CADE), Brazil’s antitrust authority, by unanimous decision, has authorised the merger between airline companies TAM, from Brazil, and LAN, from Chile, which created the largest airline company in Latin (...)

The Brazilian Parliament approves new competition law subject to prior significant vetoes
Milbank (New York)
United States 6 contributions 1561 visits
,
Jones Day (Sao Paulo)
Brazil 3 contributions 461 visits
,
Jones Day (New York)
United States 3 contributions 461 visits
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On December 1, 2011, Brazil’s new competition law was published in its final form, having been approved by President Dilma Rousseff. The new law goes into effect on May 29, 2012. Before approving the new law, President Rousseff vetoed several provisions that affect timing of review, (...)

The Brazilian Parliament approves a new competition law that significantly restructures the landscape of competition enforcement
Milbank (New York)
United States 6 contributions 1561 visits
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Jones Day (Sao Paulo)
Brazil 3 contributions 461 visits
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Jones Day (New York)
United States 3 contributions 461 visits
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On October 5, 2011, Brazil’s Congress approved a new competition law that significantly restructures the landscape of competition enforcement in Brazil. Brazil’s Congress will now forward the bill to the desk of President Dilma Rousseff, who has 15 working days to approve or reject the bill. (...)

The Brazilian Parliament publishes a bill reforming competition law with important implications for merger control
McDermott Will & Emery (Washington)
United States 36 contributions 6238 visits
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Milbank (London)
United Kingdom 21 contributions 12406 visits
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McDermott Will & Emery (Dusseldorf)
Germany 17 contributions 6741 visits
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COMPETITION LAW REFORM IN BRAZIL: IMPLICATIONS FOR MERGER CONTROL* Brazil’s House of Representatives passed a long-awaited competition bill (the Competition Bill) on 5 October 2011, making significant changes to Brazilian competition law. The Competition Bill has yet to be signed into law by (...)

The Brazilian Administrative Council for Economic Defence approves the first voluntary divestment transaction (Owens Corning / Chongqing Polycomp International)
Inglez, Werneck, Ramos, Cury e Françolin Advogados (Sao Paulo)
Brazil 4 contributions 3351 visits
Brazil’s first voluntary divestment was approved by the Administrative Council for Economic Defence (CADE), involving the sale by the U.S. fibreglass manufacturer Owens Corning of its Brazilian fibreglass reinforcement plant to Chongqing Polycomp International Corporation, a Chinese company. (...)

The Brazilian Council for Economic Defense clears merger between two ammunition companies resulting in monopolization of the relevant market (CBC/Rossi)
Nishioka & Gaban Advogados (Sao Paulo)
9 contributions 3987 visits
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 (...)

The Brazilian Senate passes the text of the New Competition Act introducing a more efficient merger control system
European University Institute (Florence)
Germany 3 contributions 2189 visits
The Brazilian Senate Approves the Text of the New Competition Act* On the 2nd of December 2010 the Brazilian Senate approved the text of a new competition act. The draft legislation has been pending in the Brazilian Parliament since 2005, when it was proposed by the Government. After a (...)

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)
Nishioka & Gaban Advogados (Sao Paulo)
9 contributions 3987 visits
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 (...)

The Brazilian Competition Authority requires divestiture of US leading supplier of soft drinks’ acquisition of Brazil’s iced tea producer (Coca-Cola, Leão Junior)
Jones Day (Mexico)
Mexico 8 contributions 3630 visits
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Jones Day (Mexico)
Mexico 8 contributions 3630 visits
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Jones Day (Madrid)
Spain 1 contribution 701 visits
Brazil’s competition authority - Conselho Administrativo de Defesa Econômica (the Administrative Council for Economic Defense or “CADE”) - has ordered a divestiture after a two-year review of Coca-Cola‘s acquisition of a Brazilian bottled tea company. The acquisition of Leão Junior already was (...)

The Brazilian Antitrust Authority annnounces a new interpretation of the Brazilian merger notification threshold reducing foreign merger filings (ADC Telecommunications / Krone International)
Hughes Hubbard & Reed (Washington)
United States 9 contributions 3294 visits
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Stanford University
United States 14 contributions 13024 visits
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1 contribution 325 visits
Brazilian merger notification requirements, traditionally a major hurdle for multinational mergers, have just become less burdensome. In an unexpected development last Wednesday, the Brazilian antitrust authority (“CADE”) announced a new interpretation of the Brazilian merger notification (...)

Procedures

 The Brazilian Competition Authority agrees to suspend deadline for implementing certain antitrust compliance commitments undertaken in a cartel case Settlement Agreement due to COVID-19 pandemic (Basso / Valbrás)
Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 5 contributions 3463 visits
Due to the impacts of the Covid-19 outbreak, the Brazilian Antitrust Authority (“CADE”) agreed to suspend the deadline for implementation of some antitrust compliance commitments undertaken in a Settlement Agreement (“Settlement”) in the context of a cartel investigation. In this short note (...)

The Brazilian Competition Authority clarifies procedural deadlines of the agency following the Government’s new COVID-19 measures
Brazilian Administrative Council for Economic Defense (CADE) (Brasilia)
Brazil 75 contributions 21829 visits
Clarifications regarding the procedural deadlines of the agency due to the Provisional Measure No. 928, of 23 March 2020* The Administrative Council for Economic Defense (Cade), due to the Provisional Measure No. 928, of 23 March 2020, which included the article 6°-C in the Law No. 13.979, (...)

The Brazilian Competition Authority considers using a new economics test with Moran’s I statistic to detect collusive behavior between competitors bidding in public procurement auctions
Federal Comptroller General - Brazil
Brazil 9 contributions 2958 visits
New cartel screening tool may enhance investigations by CADE* A new working paper published by the authority explores the possibility of applying statistics to public procurement auctions. CADE’s Department of Economic Studies (DEE) released, in December, a working paper discussing the (...)

The Chinese and Brazilian Competition Authorities sign a memorandum of understanding
University of Melbourne
Australia 103 contributions 29858 visits
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China Competition Bulletin (Beijing)
China 101 contributions 26809 visits
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Institute of American Studies (Beijing)
China 52 contributions 15534 visits
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On 13 September 2012, the SAIC and CADE signed a Memorandum of Understanding. The MOU promotes and strengthens the institutional partnership between the SAIC and CADE, especially through information exchange and capacity building activities. In particular, the SAIC and CADE agreed to (...)

The Brazilian President approves the new competition law introducing substantive reforms to the national antitrust enforcement
Mundie e Advogados (Brasilia)
Brazil 1 contribution 354 visits
IN LINE WITH THE INTERNATIONAL COMPETITION BEST PRACTICES? The New Competition Law in Brazil* Starting on May 29, 2012, the most substantive reform of Brazil’s antitrust enforcement since the current framework was established in 1994 will enter into force. But is Law No. 12,529/11 (“the New (...)

Regulatory

 The Brazilian Federal Senate approves a bill which amends private legal relations and affects the enforcement of the Brazilian antitrust law during the COVID-19 outbreak
Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
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Caminati Bueno Advogados (São Paulo)
Brazil 6 contributions 3635 visits
Tthe Brazilian Federal Senate approved last Friday (April 3rd) the Bill No. 1,179/20, which amends private legal relations during the Covid-19 pandemic and also affects the enforcement of Law No. 12,529/11 (“Brazilian Antitrust Law”). We highlight that the referred Bill is still subject to the (...)

The Italian and Brazilian Competition Authorities sign a memorandum of understanding aimed at strengthening cooperation between the authorities in competition law matters
Court of First Instance of Namur (Namur)
Belgium 224 contributions 47651 visits
On 11 February 2020, the Italian and Brazilian competition authorities signed a bilateral Memorandum of Understanding (the “Memorandum”) aimed at strengthening cooperation between the two authorities and at increasing their capacity to deal with market failures, anticompetitive practices and (...)

The Brazilian Securities & Exchange Commission opens a public hearing to discuss the possibility of multiple stock exchanges in the country following discussions by the Competition Authority about this possibility in several recent proceedings
Federal Comptroller General - Brazil
Brazil 9 contributions 2958 visits
CADE’s analysis influence CVM debate regarding competition in the securities market* CVM has opened a public hearing to discuss the possibility of multiple stock exchanges in Brazil after the antitrust authority’s debates. In light of the discussions held by Cade in a number of antitrust (...)

The Brazilian Competition Authority joins UNCTAD’s COMPAL program for strengthening institutions in competition and consumer protection laws in Latin America
United Nations Conference on Trade and Development (UNCTAD)
Suisse 12 contributions 819 visites
Brazil joins UNCTAD’s COMPAL Programme* The permanent mission of Brazil presented the letter of Mr. Alexandre Barreto de Souza, President of CADE, Brazil’s Competition Authority on 16 January, requesting his accession to UNCTAD’s COMPAL Program. The Administrative Council for Economic (...)