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Turnover calculation for merger filings in Brazil: precautions to be taken in view of Cade’s current understanding
As the new understanding leaves room for interpretation, it is recommended, in certain cases, to carry out the assessment at signing and before closing the transaction.
Cade’s Court agrees that the calculation of fines in cartel cases must be based on the benefit obtained
Application of the new methodology still depends on the positions of the chairman of the body and a counselor to be appointed.
Cade Court discusses criteria for certifying the proper execution of Leniency Agreements
Would not the initiation of administrative proceedings to investigate alleged competitive acts reported by signatories of leniency agreements prevent the approval of these instruments?
Cade investigates exchange of information on HR topics
Exchange of information on HR topics that eliminate uncertainties about the strategic behaviour of competitors under investigation by Brazilian antitrust agency.
Cade’s tribunal calls up merger filings for review
With 12 precedents in this direction at the moment, three in 2020 alone, the possibility of orders to call up cases can no longer be considered remote. Transactions may take longer to be approved, postponing the date foreseen initially for closing the deal.
Cade studies competition in digital markets
Brazilian competition authority gathers historical data about transactions carried out by digital platforms in the past decade to identify deals for which reporting may still be required.
Cartel Fine Calculation Guidelines under Public Consultation
The document shows the Braziliancompetition regulator’s commitment with systematization and transparency of the parameters for calculating cartel fines, to increase the predictability of Cade’s cartel rulings.
Bill No. 1,179/20 and Cade
Emergency changes do not grant immunity from the effects of the covid-19 pandemic. Companies must remain vigilant in the application of good competitive practices.
Antitrust repercussions of covid-19
Our attorneys analyze possible impacts of the current crisis on the area of antitrust practice control and review of mergers.
CADE discusses method for calculating the turnover of investment funds
Until the standard is changed or CADE adopts a new interpretation of its provisions, it is not necessary to take the manager into account when calculating the turnover of an investment fund’s group.
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.
Prospects for Cade's actions in 2020
The agency should have more diversified actions this year, focusing on regulated sectors, cartels in public procurement, and transactions between companies in the digital economy.
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