Reproduced with permission from Law Business Research Ltd.
This content was first published in LATIN LAWYER Reference - Merger
Control 2016. For further information please visit http://latinlawyer.com/reference/topics/54/jurisdictions/6/brazil/.
Applicable legislation and the competent authorities
1. What is the legislation applicable to merger control and how
long has merger control legislation been in force?
The first merger control legislation in Brazil was enacted by
Law No. 8,158/91, which created the then National Secretariat of
Economic Law. This Law was later replaced by Law No. 8,884/94,
which coincided with the country's transition to a market-based
economy. Then, in May 2012, Law No. 12,529/2011 (the Antitrust Law)
took effect and introduced key changes to the previous system,
including a new institutional framework, a mandatory pre-merger
notification system and new filing thresholds. The Administrative
Council for Economic Defence (CADE) may issue
