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ARTICLE · 15 JUNE 2016

Competition Policy And Life Cycle Management: The Brazilian Experience

At the administrative level, competition law and practice in Brazil are governed by Law No. 12,529/11, which entered into force on 29 May 2012 and replaced Law No. 8,884/94.

BrazilAntitrust/Competition Law

1 OVERVIEW OF COMPETITION LAW AND PRACTICE IN BRAZIL

At the administrative level,1 competition law and practice in Brazil are governed by Law No. 12,529/11, which entered into force on 29 May 2012 and replaced Law No. 8,884/94. The Administrative Council for Economic Defense's (hereinafter, 'CADE') structure includes a Tribunal composed of a President and six Commissioners, a Directorate-General for Competition (hereinafter, 'DG') and an Economics Department. The DG, which replaced the former Ministry of Justice's Secretariat of Economic Law (the so-called SDE), is the chief investigative body in matters related to anticompetitive practices. CADE's Tribunal is responsible for adjudicating the cases investigated by the DG – all decisions are subject to judicial review.2 There are also two independent offices within CADE: CADE's Legal Services, which represents CADE in Court and may render opinions in all cases pending before CADE; and the Federal Public Prosecutor's

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