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ARTICLE · 11 FEBRUARY 2016

Brazilian Antitrust Authority (CADE) Approves Changes In Merger Control Regulations

Brazil's Administrative Council of Economic Defense – CADE approved on 1 October 2014 changes in its internal regulations.

BrazilAntitrust/Competition Law
Paulo Lilla
Paulo Lilla

Brazil's Administrative Council of Economic Defense –CADE approved on 1 October 2014 changes in its internal regulations. The aim was to provide better guidance on Brazil's merger control review. The outcome is the result of three Public Consultations issued last February. The changes came into effect on 7 October.

The main changes were made in Resolution No. 2/2012, which regulates the acquisition of corporate participations and defines transactions eligible to the fast-track procedure, as per the following:

1. New criteria for the definition of "economic group" when investment funds are concerned

According to the previous wording of Resolution No. 2/2012, there was a single concept for economic group to be used for purposes of calculating turnover thresholds and for submitting information in the CADE filing form. As per the new wording of Resolution No. 2/2012, from now on there will be two different concepts: (i) one concept of economic group for purposes

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