Antitrust & Competition Policy Blog

Editor: D. Daniel Sokol
University of Florida
Levin College of Law

Thursday, October 6, 2011

Brazil Competition Institutional Design Finally Moving Forward

Posted by D. Daniel Sokol

I received a note yesterday from my friends Barbara Rosenberg and Sandra Terepins at Brazilian competition law powerhouse Barbosa Mussnich:

We would like to inform you that the House of Representatives has finally passed the Bill no. 06/2009, which brings very important changes to the Brazilian Competition Laws. These changes, as you might be aware of, involve both merger review and anticompetitive conducts' investigation rules.

In respect to merger review, the law introduces a suspensory regime (i.e., the competition authority decision becomes a condition for closing the transaction, as it is currently done in the US and the EU) and modifies the notification thresholds. In terms of rules pertaining the investigation of potentially anticompetitive conducts, changes will be made in relation to the leniency program, as well as in settlements and criminal liability.

The Bill also unifies in one main body (CADE) the system that is now comprised of three different bodies (SDE, SEAE and CADE). The Bill is now subject to President' sanction, and it is likely to become effective in the near future. If fully approved by the President, changes in the merger control regime will be effective in 180 days after the new Act is published.

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