Several recent developments in competition law can affect companies with activities in Brazil. While judicial rulings may pose a challenge to private enforcement against cartel, a recent shift in the criteria for the calculation of cartel fines by CADE’s Tribunal may lead to higher cartel fines in public enforcement. Furthermore, CADE’s recent activity demonstrates an increasing focus in big tech and human resource markets. This newsletter addresses these and other developments and identifies some of the trending topics to watch.
On this issue | November 2021
Competition in digital markets: relevant enforcement and policy developments in Brazil
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.
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The road towards a deterrent cartel fine: CADE’s new turn
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
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An overview of antitrust damages claims in Brazil
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
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Antitrust enforcement in the labor market and safe harbors
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...
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When does the failing firm defense succeed in Brazil?
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
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