Jul2025
Litigation Aspects of Competition Law
Competition litigation has intensified in Brazilian courts, spanning from challenges to CADE fines to judicial review of injunctions, and private damage claims. Antitrust litigation has gained complexity and strategic relevance across these diverse proceedings.
Factors such as adjustment rates applied to CADE fines under judicial challenge and the possibility of obtaining discounts influence decisions on settlements to resolve existing disputes. At the same time, recent cases indicate that the judiciary has shown a greater willingness to review injunctions in innovative and high-impact situations.
This edition of LS Brazil Outlook explores how companies can strategically navigate this environment of increasing litigation related to competition matters. We will examine the criteria to evaluate the convenience of settling judicial disputes with CADE, as well as the limits to judicial review of the regulatory agency's decisions, notably those involving injunctions, and the current status of private compensation actions three years after the reform implemented in 2022.
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14Jul
2025
Settlements with CADE in judicial cases: shortening litigation or awaiting a final decision?
Each company that litigates with CADE should periodically evaluate, throughout the process, the convenience of settling the case.
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14Jul
2025
Private enforcement of competition law in Brazil: still a long road ahead
Brazil’s 2011 Competition Act was amended in 2022 with the explicit goal of fostering private enforcement of antitrust violations.
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14Jul
2025
Judicial Review of CADE’s Interim Measures
There is room within the judiciary to more thoroughly examine the merits and rationale behind CADE’s decisions.
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30Jun
2025
International Comparative Legal Guide Lending and Secured Finance 2025 - Brazil Chapter
Luiz Roberto de Assis and Fabio Kupfermann Rodarte authored the Brazilian chapter on lending and secured finance for the International Comparative Legal Guide
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09Jun
2025
International Comparative Legal Guide Securitisation 2025 - Brazil Chapter
Fernando Perazzoli and Luiz Roberto de Assis authored the Brazilian chapter on securitisation for the International Comparative Legal Guide
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03Apr
2025
Merger Review in Brazil: A Status Report
Partner Mariana took part in the panel “Non-price Parameters in Merger Review” at this year’s ABA Antitrust Spring Meeting
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18Mar
2025
Global Legal Insights Bank Regulation 2025 - Brazil Chapter
Luiz Roberto de Assis, Fabio Kupfermann Rodarte and Pedro Campos Ferraz were the authors of the Brazilian chapter of the newly released Global Legal Insights on banking regulation
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19Sep
2024
Report from Latin America - Brazil Chapter
Mariana Tavares de Araujo and Alexandre Faraco contributed to the publication which maps the challenges faced by the regulation authorities
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21Mar
2024
Lexology Panoramic Fund Finance 2024
Eduardo Salomão and Luiz Roberto de Assis publish Q&A on fund finance regulations in Brazil
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05Feb
2024
Legal challenges in M&As of companies in crisis
Mergers and acquisitions (M&A) activity for assets subject to crisis or financial difficulty (distressed) has been and should continue to be strong in Brazil. This edition of LS Brazil Outlook addresses some legal challenges involved in these...
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02Feb
2024
Sandbagging clauses in distressed M&A
In a scenario of uncertainty, mergers and acquisitions (M&A) activity in distressed assets stands out in 2024. However, sandbagging clauses in M&A, despite being admitted by Brazilian law, require caution and consideration of good faith, in...
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02Feb
2024
M&A with public counterparty should be treated as distressed M&A
Mergers and acquisitions involving public entities must be treated as distressed M&A, requiring strategic professional guidance to convince interested parties about the benefits for society.
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