In 2023, Brazilian competition policy celebrated three significant landmarks: first, the 20th anniversary of its first leniency agreement; second, the launch of CADE’s cartel sanction calculation guidelines; and third, the establishment of a partnership between the Brazilian competition authority CADE and the Office of the Comptroller General (CGU) for efficiency improvements in the investigation of…
Introduction The debate about expanding competition law goals is a hot topic in the global competition policy agenda. The return of the antitrust debate in public opinion, due to the rise of Big Techs, opened the path to new proposals regarding sustainability, democracy, innovation, and inequality as competition goals or objectives. This new agenda has…
Introduction Ride-hailing apps are present practically in every country from Latin America and the Caribbean (LAC). In places like Colombia and Brazil, they entered the market as early as 2013 – 2014 respectively, according to research authored by Resende and Lima. Apps like Uber, Cabify and Didi have emerged and generated pressure on the traditional…
Key Highlights The Ukraine War: Merger filing activity in Ukraine was down 61% compared to 2021, but the Ukrainian competition authority throughout 2022 reviewed over 300 mergers and continued to initiate merger investigations. Brazil filing activity rose steeply, up 47% compared to the five-year average for the same period (January – November) and up 6%…
As part of the series of posts on the main developments in Competition Law, we are honored to present for the first time in the series an overview of the developments and trends in Brazilian Competition Law and Policy. Brazil had two important landmarks in 2022: the 10th anniversary of the beginning of the validity…
Last November, on the 10th anniversary of the Brazilian Competition Act (Law No. 12,529/2012, or BCA), a long-expected regulation aiming at incentivizing actions for antitrust damages was enacted in Brazil (the so-called “Brazilian Private Enforcement Package” – BPEP, or Law No. 14,470/2022). Formerly proposed before the Brazilian Senate in 2016 (Senate Bill 283/2016) and inspired…
The views expressed are exclusively the authors and do not necessarily reflect the opinion of CADE. I. Introduction The Brazilian Competition Authority (known as “CADE” – Conselho Administrativo de Defesa Econômica) is currently analyzing a landmark case regarding the interface between competition law and intellectual property (IP). The case is known as “Anfape” (acronym for…
This post was written by Mr. Eduardo Molan Gaban and Mr. Bruno Droghetti Magalhães Santos, partner and associate, respectively, of the Antitrust/Competition and International Trade areas at Machado Associados Advogados e Consultores. At the end of 2011, the Administrative Council for Economic Defense (CADE) rejected a proposal for a Cease and Desist Agreement (TCC) prepared…
Published on November 30, 2011, Law No. 12529/11 (the New Brazilian Antitrust Law – NBAL) has been the object of criticism and skepticism by players from several fronts. In short, important matters such as the challenge of structuring and training the staff of “Super CADE”, and “innovations” in the procedural arena may lead to disputes…
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 long parliamentary debate, in December 2009 the draft law was passed by the Chamber of Representatives. The…
