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Antitrust and Developing Economies in an Era of Crises - Webinar #3 : Gouging, Opportunism, Access, Industrial Policy, and the Challenge to First Principles of CompetitionYour search returned 92 results Brazil
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This webinar was organized by Concurrences, in partnership with Charles River Associates, ELIG Gürkaynak Attorneys-at-Law, Orrick, and RBB Economics, with Babatunde Irukera (Federal Competition and Consumer Protection Commission), Philip Marsden (College of Europe), Mondo Mazwai (Competition (...)
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Merger Control in Latin America - A Jurisdictional Guide INTRODUCTIONINTRODUCTION Pamela Sittenfeld * (Ministry of Trade of Costa Rica) Paulo Burnier da Silveira ** (OECD) * Pamela Sittenfeld is an attorney. She graduated from the Universidad de Costa Rica, and has an Msc in Regulation and Competition from the LSE in London. She is an adviser to the Ministry of (...) -
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Merger Control in Latin America - A Jurisdictional Guide BRAZILBRAZIL Vinicius Marques de Carvalho * Marcela Mattiuzzo ** Maria Eduarda Scott *** (Vinicius Marques de Carvalho Advogados) Abstract This paper intends to provide an overview of merger control proceedings in Brazil. In 2012, the Brazilian competition authorities went through significant shifts (...) -
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The BRICS Competition Authorities issue a statement on COVID-19The 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 (...) -
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The Brazilian Competition Authority publishes general guidelines for competitor collaborations allowed during the COVID-19 crisisOn 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 (...) -
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The Brazilian Competition Authority authorises temporary collaboration due to COVID-19 among competitors distributing consumer goods such as beverages, food, personal and domestic care products to small and medium retailers (Movimento Nós)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 (...) -
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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)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 (...) -
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Global competition enforcement. New players, new challenges, Paulo BURNIER DA SILVEIRA and William Evan KOVACIC (dir.)This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...) -
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Competition law and developing countries: Overarching themes from Africa, cartels and corruption, and mergersIn this edition we present an overarching view of competition law and developing countries, then pick up themes, such as cartels, corruption and mergers, from the “Antitrust and developing and emerging economies” annual Concurrences review Conference held on November 1st, 2019, at the New York (...) -
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Women & Antitrust - Voices from the Field, Vol. I PART I: ENFORCERS & ACADEMICS PAULA AZEVEDO, Brazilian Administrative Council for Economic Defense and ADRIANA GIANNINI, Tauil & Chequer, associated with Mayer Brown13 Part I Enforcers & Academics 15 Paula Azevedo CADE Adriana Giannini Paula Azevedo is a Commissioner in Brazil's Administrative Council for Economic Defense. Before taking of fi ce, she worked in private practice as a competition and trade law expert at two of the largest fi rms in Brazil. From (...) -
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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 outbreakTthe 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 (...) -
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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)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 we (...) -
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The Brazilian Competition Authority clarifies procedural deadlines of the agency following the Government’s new COVID-19 measuresClarifications 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, of (...) -
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The Brazilian Competition Authority implements measures in line with WHO recommendations against the spread of the COVID-19The 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 (...) -
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The Italian and Brazilian Competition Authorities sign a memorandum of understanding aimed at strengthening cooperation between the authorities in competition law mattersOn 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 (...) -
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Global Competition Enforcement. New Players, New Challenges, Paulo BURNIER DA SILVEIRA and William Evan KOVACIC (dir.)This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...) -
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The Brazilian Securities & Exchange Commission opens public hearing to discuss the possibility of multiple stock exchanges in the country following discussions by the Competition Authority about this possibility in a number of recent proceedingsCADE’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 (...) -
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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 auctionsNew 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 (...) -
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The Brazilian Competition Authority’s Tribunal discusses the possibility of increasing the legal limits for fines in gun jumping cases (IBM / Red Hat)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 (...) -
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Antitrust and Developing and Emerging EconomiesAnnual Concurrences + NYU Law conference with the support of Charles River Associates, ELIG Gürkaynak Attorneys-at-Law, Orrick, White & Case (Panel Sponsors) and MLex (Media Sponsor). -
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Gun Jumping in Merger Control. A Jurisdictional Guide, Catriona HATTON, Yves COMTOIS and Andrea HAMILTON (dir.), foreword by Richard WHISHThis section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...) -
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The Brazilian CADE recommends closing an administrative inquiry which investigates potential anticompetitive conducts in the transmission of sensitive information among competitors in the payment marketOn 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 (...) -
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7th Annual Bill Kovacic Antitrust SalonAnnual Concurrences & George Washington University conference, with the support of Axinn, Cornerstone Research, CRA, Orrick, Von Wobeser y Sierra, White & Case, Wilson Sonsini Goodrich & Rosati, and MLex. -
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Gun Jumping in Merger Control: A Jurisdictional Guide BRAZILBRAZIL Cristianne Zarzur and Marcos Garrido (Pinheiro Neto Advogados) Gun Jumping In Merger Control 61 Part 1: Merger Control and the “Standstill Obligation” Please identify the relevant merger control legislation in your jurisdiction. Please provide a link to the relevant legislation (if (...) -
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Brazil: Compliance programs and abuse of dominance practices under Brazilian competition law – A roadmap for compliance monitorsThe Brazilian antitrust authority (Portuguese acronym CADE) has been following a worldwide trend in encouraging the adoption of competition law compliance programs. Nevertheless, one can see an apparent policy gap in the current optimal incentives for compliance program adoption in antitrust (...) -
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The Brazilian Competition Authority confirms the five-year statute of limitations for uniform conduct in the gas stations sector (Gas stations cartel)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 (...) -
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The Brazilian Competition Authority decides to file charges against a multinational technology company due to one of its online shopping platform features (Google)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 shown (...) -
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The Brazilian Competition Authority enters into a settlement agreement with a major refining company for the sale of oil refineries (Petrobras)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 (...) -
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Antitrust and Developing & Emerging EconomiesAnnual Concurrences & NYU School of Law conference, with the support of Charles River Associates, Cleary Gottlieb, ELIG Gürkaynak Attorneys-at-Law, Qualcomm, Ropes & Gray, White & Case (Panel Sponsors) and MLex and PaRR (Media (...) -
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The Brazilian Competition Authority requests the submission of a below-threshold transaction between two distributors of pharmaceutical supplies (All Chemistry / SM Empreendimentos)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 Chemistry (...) -
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The Brazilian Competition Authority joins UNCTAD’s COMPAL program for strengthening institutions in competition and consumer protection laws in Latin AmericaBrazil 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 Defense (...) -
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Brazil: Common ownership by institutional investors and its impact on competitionBrazilian capital markets have experienced a significant increase in the engagement of institutional investors (including investment funds), despite the fact intertwined companies or those with family control are still dominant in the country. In this sense, one must question whether (...) -
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Cartel: The European Court of Justice supports the qualification of restriction of competition by object of the non-competititon clause concluded between two Portuguese mobile operators as part of the acquisition of a Brazilian mobile operator by one of them, as it establish an agreement on market repartition (Telefónica)On 13 December 2017, the European Court of Justice handed down a judgment in Case C-487/16 (Telefónica v. Commission). It essentially confirms the classification as a restriction of competition by object of the non-competition clause concluded between Portugal Telecom and Telefónica in the (...) -
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Antitrust in Developing Countries: Competition Policy in a Politicized WorldAnnual Concurrences & NYU School of Law conference, with the support of Baker McKenzie, Charles River Associates, Compass Lexecon, ELIG Attorneys-at-Law, HFW, King & Wood Mallesons, and White & Case (Panel Sponsors) and MLex and PaRR (Media (...) -
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Brazil: Competition policy five years later - Still in search of better practices?The article proposes the adoption of a "better practices" framework for evaluating public policies and institutions, with a focus on the implementation of competition policy. After identifying central variables directed at that purpose, I turn to the Brazilian case. Brazil invested in a method (...) -
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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)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 issued (...) -
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The Global Antitrust Economics Conference 2016The 2nd edition of the Global Antitrust Economics Conference was organized by Concurrences Review together with the Searle Center on Law, Regulation, and Economic Growth at Northwestern Pritzker School of Law, with the support of Analysis Group (Economic Consulting & Strategy), Axinn, The (...) -
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120 Merger Regimes: Multinational Deals in a World of Non-Convergence: US, EU, Brazil, China...Conference organized by Concurrences Review in partnership with Axinn, Bates White, Cleary Gottlieb Steen & Hamilton, Compass Lexecon, Cornerstone Research and O’Melveny & Myers. -
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A glimpse into Brazil’s experience in international cartel investigations: Legal framework, investigatory powers and recent developments in leniency and settlements policyThis article analyzes the Brazilian experience in international cartels enforcement within 2000-2016. Initially, it presents four central aspects of the enforcement activities in Brazil. First, the legal framework on fighting cartels. Second, the main investigatory powers of the Brazilian (...) -
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Antitrust in Emerging and Developing Countries: Featuring Africa, Brazil, China, India, Mexico - Conference Papers 2nd Edition International Cooperation & Convergence to Best Practices: The Brazilian ExperienceANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2015 E DITION 179International Cooperation & Convergence to International Best Practices: The Brazilian Experience MARIANA TAVARES DE A RAUJO mtavares@levysalomao.com.br Partner, Levy & Salomão Abstract Brazil’s competition law regime over the pas (...) -
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The Brazilian Superior Court of Justice limits the confidentiality of the Brazilian Competition Authority’s leniency agreements (Εlectrolux)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 (including (...) -
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Antitrust in Emerging and Developing Economies: Africa, Brazil, China, India, Mexico…The 2015 New York University School of Law conference, jointly organized with Concurrences with the support of AZB & Partners, Cleary Gottlieb Steen & Hamilton, Compass Lexecon, King & Wood Mallesons, Levy & Salomão, Qualcomm, White & Case, and Winston & (...) -
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Antitrust in Emerging and Developing Countries: Featuring China, India, Mexico, Brazil, South Africa Part I: Brazil
Competition Law Enforcement in Brazil: How CADE Is Overcoming Deep Structural Problems to Become an Internationally Recognized AgencyANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2014 E DITION 11Competition Law Enforcement in Brazil: How CADE Is Overcoming Deep Structural Problems to Become an Internationally Recognized Agency A NDRÉ M. G ILBERTO andre.gilberto@cgmlaw.com.br Partner, Chaves, Gelman, Machado, Gilberto de (...) -
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Antitrust in Emerging and Developing Countries: Featuring China, India, Mexico, Brazil, South Africa Mergers (and Similar Arrangements) in Brazil: Reflections of an Experience as a CommissionerANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2014 E DITION 23 Mergers (and Similar Arrangements) in Brazil: Re?ections of an Experience as a Commissioner ALESSANDRO OCTAVIANI aleoctaviani@gmail.com Former Commissioner, Administrative Council for Economic Defense, Brasilia Professor, (...) -
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Antitrust in Emerging and Developing Countries: Featuring China, India, Mexico, Brazil, South Africa Brazil’s Antitrust Law: Status QuoANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2014 E DITION 41 Brazil’s Antitrust Law: Status Quo MARIANA TAVARES DE ARAUJO 2 mtavares@levysalomao.com.br Partner, Levy & Salomão Advogados Abstract In October 2011, the Brazilian Congress approved Law No. 12529, the country’s current competition (...) -
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Antitrust in Emerging and Developing Countries: Featuring China, India, Mexico, Brazil, South Africa Antitrust in Emerging EconomiesANTITRUST IN EMERGING AND DEVELOPING COUNTRIES | 2014 E DITION 191Antitrust in Emerging Economies BLANCA RODRIGUEZ GALINDO Blanca.Rodriguez-Galindo@ec.europa.eu Head, International Relations Unit, Directorate General for Competition, European Commission Abstract The aim of the external action (...) -
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The Brazilian Competition Authority issues guidelines on gun jumpingOn 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 (...) -
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How Latin America has built on European exclusivities precedents in the FMCG sectorBy analyzing exclusive dealing cases in the fast-moving consumer goods sector in Europe and Latin America, this article provides an overview of enforcement trends and a compliance reference for companies. In particular, recent creative Latin American remedies are put under the spotlight. (...)
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