Prospects of dividend taxation lead foreign investors to consider options to reduce the impact of this taxation. While the bill’s approval by the Senate remains uncertain, this may be a good time to evaluate safe options avoiding pitfalls

This article explains how tax constraints hinder telecom services in Brazil and addresses reform measures required to attain a more suitable environment for the significant developments expected for the sector in the near future with expansion...

Human resources practices are finally in the spotlight of the Brazilian competition authority. This article discusses lessons learned from foreign authorities and CADE’s limited experience and points to safe harbors regarding HR practices in...

Financial crisis often raise questions about the role of the failing firm defense in antitrust merger review. This article considers when merging parties can successfully resort to this defense in Brazil

Several recent developments in competition law can affect companies with activities in Brazil. While judicial rulings may pose a challenge to private enforcement against cartels, a recent shift in the criteria for the calculation of cartel fines...

Digital markets have increasingly become the focus of CADE. This article describes recent developments that illustrate this trend, discusses challenges for CADE and possible repercussions in Latin America.

For the first time in CADE’s enforcement history, the “advantage obtained” is now supported by most of the Commissioners as the primary criteria for calculating the minimal amount of the fine to be imposed against a cartel member

Recent rulings by the São Paulo State Courts shed light on the evidentiary standards for antitrust damages claims in Brazil. This article describes these standards and explain the obstacles claimants face when bringing such claims

Adding good environmental and social practices is the trend of 2021. But beyond discourse, little is said about effective standards. In this edition of our newsletter we discuss them in relation to capital markets, labor practices and the intensive...

Due to risks related to climate change, decarbonization strategies are a priority for mining companies. This article proposes to set out current best practices in terms of decarbonization strategies and disclosures in the mining sector

Full disclosure about practices by publicly traded companies is key, as are measures designed to avoid the disclosure of information that can be deemed misleading

Effective environmental and social policies can result in many benefits for companies. CADE has deflected from analyzing the social impacts of transactions, but now it may pay to believe and invest in an element leading to a favorable outcome...