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.
Read moreEach company that litigates with CADE should periodically evaluate, throughout the process, the convenience of settling the case.
Read moreBrazil’s 2011 Competition Act was amended in 2022 with the explicit goal of fostering private enforcement of antitrust violations.
Read moreThere is room within the judiciary to more thoroughly examine the merits and rationale behind CADE’s decisions.
Read moreLuiz Roberto de Assis and Fabio Kupfermann Rodarte authored the Brazilian chapter on lending and secured finance for the International Comparative Legal Guide
Read moreFernando Perazzoli and Luiz Roberto de Assis authored the Brazilian chapter on securitisation for the International Comparative Legal Guide
Read morePartner Mariana took part in the panel “Non-price Parameters in Merger Review” at this year’s ABA Antitrust Spring Meeting
Read moreLuiz 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
Read moreMariana Tavares de Araujo and Alexandre Faraco contributed to the publication which maps the challenges faced by the regulation authorities
Read moreEduardo Salomão and Luiz Roberto de Assis publish Q&A on fund finance regulations in Brazil
Read moreMergers 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...
Read moreIn 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...
Read moreMergers 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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