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.
Image credit: Pixabay
