LS Brazil Outlook Litigation Aspects of Competition Law Jul
2025

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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LS Brazil Outlook Settlements with CADE in judicial cases: shortening litigation or awaiting a final decision? 14
Jul
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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LS Brazil Outlook Private enforcement of competition law in Brazil: still a long road ahead 14
Jul
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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LS Brazil Outlook Judicial Review of CADE’s Interim Measures 14
Jul
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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Article International Comparative Legal Guide Lending and Secured Finance 2025 - Brazil Chapter 30
Jun
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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Article International Comparative Legal Guide Securitisation 2025 - Brazil Chapter 09
Jun
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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Article Merger Review in Brazil: A Status Report 03
Apr
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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Article Global Legal Insights Bank Regulation 2025 - Brazil Chapter 18
Mar
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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Article Report from Latin America - Brazil Chapter 19
Sep
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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Article Lexology Panoramic Fund Finance 2024 21
Mar
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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LS Brazil Outlook Legal challenges in M&As of companies in crisis 05
Feb
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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LS Brazil Outlook Sandbagging clauses in distressed M&A 02
Feb
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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LS Brazil Outlook M&A with public counterparty should be treated as distressed M&A 02
Feb
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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