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ARTICLE · 30 MARCH 2015

Brazil’s CADE Approves New Regulation Dealing With Enquiry Procedure

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On March 11th 2015, the Brazilian Antitrust Authority, the Administrative Council for Economic Defense – CADE, passed a new resolution...

BrazilAntitrust/Competition Law
Eduardo Gaban
Eduardo Gaban
Natali De Vicente Santos
Natali De Vicente Santos
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On March 11th 2015, the Brazilian Antitrust Authority, the Administrative Council for Economic Defense – CADE, passed a new resolution on the enquiry procedure stipulated under Law no 12.529/2011. The new regulation came into force on March, 17th, 2015, when it was published in the Brazilian Official Gazette.

According to the provisions of the new resolution, any entity or representative association of the corresponding sector can enquire the authority's opinion on the enforcement of antitrust legislation regarding the hypotheses specified under the Law. By the same token, the enquiry can address the following topics: (i) interpretation of statutory provisions or CADE's regulation concerning merger control proceedings in transactions or circumstances specifically defined, (ii) the legality of acts, contracts, corporate strategies or conducts of any kind initiated by the enquiring party; or (iii) the legality of acts, contracts, corporate strategies or conducts of any

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