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ARTICLE · 30 JUNE 2009

Brazil Requires Divestiture In Coca-Cola´s Iced Tea Acquisition

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Brazil’s competition authority – Conselho Administrativo de Defesa Econômica (the Administrative Council for Economic Defense or “CADE”) – has ordered a divestiture after a two-year review of Coca Cola's acquisition of a Brazilian bottled tea company.

BrazilAntitrust/Competition Law

Brazil's competition authority – Conselho Administrativo de Defesa Econômica (the Administrative Council for Economic Defense or "CADE") – has ordered a divestiture after a two-year review of Coca-Cola's acquisition of a Brazilian bottled tea company. The acquisition of Leão Junior already was completed in 2007, and CADE now has ruled that Coca-Cola must end its partnership with Nestlé to avoid excessive concentration in the local tea market. This is the most recent example of CADE's aggressive approach to large mergers in Brazilian markets.

Merger Authority of CADE

Brazilian Antitrust Law authorizes CADE to enforce Brazil's antitrust laws and to prohibit any action that might limit or restrict free competition or result in control over any relevant market for products or services. The law covers transactions involving assets anywhere in the world involving economic concentration (i.e. mergers, acquisitions, joint ventures and any other type of corporate grouping)

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