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ARTICLE · 18 NOVEMBER 2014

CADE Issues New Regulation On Associative Agreements

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Before, the definition of Associative Agreement had not been bound by antitrust legislation, raising several discussions on the matter.

BrazilAntitrust/Competition Law

Keywords: CADE, new regulations, of Associative Agreements,

On November 4, 2014, the Official Gazette ("Gazette") published CADE Resolution No. 10/2014, which establishes the hypotheses of Associative Agreements (provided in Art. 90, item IV, Law No. 12.529 / 2011) subject to the Administrative Council for Economic Defense's ("CADE") scrutiny. Before, the definition of Associative Agreement had not been bound by antitrust legislation, raising several discussions on the matter.

According to the Resolution, any agreement with a term in excess of two (2) years is considered "associative", when there are horizontal or vertical cooperation or sharing of risk; which result in an interdependence relationship between the contracting parties (i.e., entities directly involved in the transaction and their respective economic groups).

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