The need to notify asset acquisition transactions to the Administrative Council for Economic Defense (CADE) has raised doubts since the enactment of the Brazilian Competition Law (Law 12.529/11). Especially, in cases involving the acquisition of...
Brazil’s competition authority CADE is expected to receive more transnational merger filings in the incoming US Donald Trump’s presidency, according to five sources with knowledge of M&A in Brazil and CADE. Check out the full article....
Trench Rossi Watanabe and Machado Meyer were the legal advisors on the sale of a hotel portfolio by AccorInvest to BTG Pactual. The operation, which has already been approved by CADE – with a final decision at the...
In April, the Administrative Tribunal of the Administrative Council for Economic Defense (CADE) reviewed a consultation submitted by two construction materials retailers that intended to implement a mechanism of joint negotiation with suppliers, by...
Machado Meyer and Pinheiro Neto advised on the acquisition of 27% of Águas de Fortaleza’s capital stock by GS Inima. Check out the full story. (The Latin American Lawyer -...
The Tribunal of the Administrative Council for Economic Defense (CADE) dismissed, in August, an investigation regarding an alleged practice of resale price maintenance (RPM) in the Brazilian relevant market for watches. It concluded that the...
The balance of environmental, social and governance (ESG) goals is becoming increasingly important in the agenda of companies, in Brazil and abroad. The number of ESG initiatives that require some degree of commercial strategy alignment or...
The Tribunal of the Administrative Council for Economic Defense (Cade) sanctioned, in April of this year and for the first time, a hub-and-spoke cartel for defrauding competition in public tenders and private sales in the market for distribution...
The Superintendence General of the Administrative Council for Economic Defense (SG/Cade) recapitulated, in a recent decision concerning a merger control filing, the discussion on which companies should be considered as part of the economic...
In recent years, the Administrative Council of Economic Defense (Cade) analyzed several vertical mergers that could potentially lead to competition concerns in several markets, such as supplementary health, banking, payments, petrochemical,...
The Administrative Council for Economic Defense (Cade – the Brazilian antitrust authority) discussed the retroactive application of the Resolution 24/19, which provides the methodology for calculation of fines for gun jumping violation (the early...
The recent and unprecedented decision of the Administrative Council of Economic Defense (Cade) to hold three competitors in the telecommunications sector liable for an antitrust violation (concerted practice) due to the formation of a bidding...
The Brazilian Competition Law provides that the total or partial consummation of merger transactions prior to the approval of the Administrative Council for Economic Defense (Cade) – a violation known as gun jumping – can be punished with fines...
Pursuant to Ordinance 104/22, issued in March 2022, the Brazilian antitrust agency (Cade), updated the Predatory Pricing Analysis Guidelines, published in 2002. Predatory pricing – often mistaken for dumping – is the conduct to sell goods or...
In a recent ruling on a transaction involving the investment of large trading companies in a joint venture that operates in the intermediation of road freight, the Administrative Tribunal of of the Administrative Council for Economic Defense...
The General Superintendence of the Administrative Council of Economic Defense (Cade) established a new understanding in a recent decision, in line with two other precedents from the end of last year, regarding the turnover calculation applicable to...
The possibility of calculating fines for violations of Law No. 12,529/11 (Competition Defense Act) based on the benefit obtained by the infringer was widely discussed by the Court of the Administrative Council of Economic Defense (Cade) between...
In recent trial sessions, the Court of the Administrative Council of Economic Defense (Cade) discussed whether the non-establishment of administrative proceedings to investigate alleged anticompetitive crimes reported by the signatories of leniency...
The Administrative Council for Economic Defense (Cade) has been analyzing the fine line between legitimate and anticompetitive market intelligence practices, and deepened the discussion on the subject in an investigation initiated on March 17 on...
The approval of the Superintendence-General (SG) of Cade (Administrative Council for Economic Defence) is an important step for the parties to a merger filing to be able to close the deal, but it is not necessarily the last. This is because the...
