Across the world, the laws and mechanisms to encourage sustainable business environments are becoming increasingly strict, serving not only the interests of companies, but also those of society at large and benefitting national economies. Brazil is no exception.
With a team renowned for its deep knowledge of the country’s legal framework, combined with a macro view of its businesses and economy, our antitrust practice ensures that transactions such as mergers, acquisitions, consortia, association agreements and consolidations are compliant with Brazilian antitrust law.
Moreover, when our clients – whether national or foreign companies, individuals or legal entities – have their rights violated or are investigated, we act in tandem, both in the negotiation of agreements and in the defense of their interests.
We also help our clients to understand the risks that their commercial strategies may entail and offer solutions to adapt their business models in order to minimize them.
Our experience covers:
- Advising the structuring of corporate transactions and preparation of agreements to minimize antitrust risks.
- Submitting corporate transactions such as acquisitions, divestments and mergers to Cade (the Administrative Council for Economic Defense) for prior approval (“concentration acts”) and subsequently negotiating agreements when necessary.
- Filing of opposition to acts of concentration harmful to competition.
- Negotiating leniency agreements with Cade.
- Representing clients in administrative investigations and procedures regarding breaches to the economic environment, such as cartels, cases of abuse of dominance and intellectual property rights.
- Representing clients in antitrust-related lawsuits, especially those related to the prevention and/or reparation of damages and actions aimed at overturning Cade decisions.
- Carrying out internal audits and investigations.
- Drawing up and implementing tailored compliance programs designed to assist clients to comply with antitrust laws.
- Evaluating commercial practices and agreements to minimize antitrust risks.