Examples of Brazilian Antitrust Law in a sentence
How to make sure that the companies involved in mergers, acquisitions and joint ventures would be able to avoid conducts that could be viewed as prohibited before consummation of the deals?This chapter aims at evaluating how CADE has been dealing with gun jumping issues since the 2011 Brazilian Antitrust Law came into force.
The Gun Jumping Guidelines document is essentially divided into three sections: (i) details of activities considered to be gun jumping practices; (ii) procedures that may mitigate gun jumping risks, and (iii) penalties, which essentially resembles the wording of the Brazilian Antitrust Law.
In a brief reply, counsel for the respondent submitted that an award of damages is based on the principle of restitution in integrum.
Settlements IntroductionThe Brazilian Antitrust Law (Law 12,529/11, Article 85) and CADE’s regulation (Resolution No. 1/2012, Articles 179 to 196) allow legal entities or natural persons to enter into Cease and Desist Agreements (hereinafter “TCCs” or “settlements”) with CADE regarding any type of antitrust offense.
Physical Reconstruction Services 63Sub-function: Debris and Tree Removal 64Sub-function: Structure Mudding Out and Cleanup 64Sub-function: Home Repair 65Findings.
There are no special features provided for the Brazilian Antitrust Law 8,884 regarding the above mentioned objectives.
The Law 8884, enacted in 1994, is the Brazilian Antitrust Law and had been amended three times: in 1999, imposing a merger notification fee; in 2000, giving the BCPS new powers to conduct investigation, notably powers to conduct dawn raids and to institute a leniency program; and in 2007, clarifying the procedures for settling conduct cases and authorizing settlement in cartel cases.
CADE considers that this conduct represents, in itself, a violation of the Brazilian Antitrust Law, and concentrates its activities on collecting evidence of the existence of a cartel.
Pursuant to the Brazilian Antitrust Law, gun jumping exposes the parties to the following sanctions:(i) fines ranging from R$60,000 to R$60 million; (ii) investigation into the parties’ behavior prior to obtaining CADE’s clearance for potential antitrust infringements; and (iii) administrative or judicial remedies, or both, which may result in any act implemented in violation of the standstill obligation being declared null and void.
The proposed amendments would also introduce some new important material features into the Brazilian Antitrust Law, such as a pre-merger notification system, the improvement of the merger notification criteria (thresholds with appropriate standards of materiality as to the level of "local nexus" required for notification), an early termination system for simple cases, and the possibility of closing a merger case by an agreement with the parties.