Jump to content
Methodology for calculation of fines for gun jumping
Cade discusses the retroactive application of Resolution 24/19
Consortium formation between competitors
Care to be taken in bids to avoid allegation of competitive infringement.
The subjective element in the calculation of gun jumping fines
To calculate gun jumping fines, Cade takes into account several aspects besides the deliberate act of infringing the law
Challenges of predatory pricing investigations
The Brazilian antitrust agency has already investigated several cases, but there has never been a conviction. An ordinance published in March should help with the analysis and reduce investigation costs.
Care in structuring collaboration agreements between competitors
Assessing the competitive risks of joint ventures and devising governance mechanisms and antitrust protocols is essential to avoid Cade carrying out a more prolonged analysis of the case and even proposing the negotiation of remedies to approve the operation
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.