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ARTICLE · 16 DECEMBER 2014

The Age Of Cartels

The new Brazilian Competition Law (Law 12.529/2011), which came into force in May 2012, provided significant changes to the national legal system.

BrazilAntitrust/Competition Law

The new Brazilian Competition Law (Law 12.529/2011), which came into force in May 2012, provided significant changes to the national legal system. The turnover criteria for the mandatory submission of concentration acts refers to a very important one, considering it is responsible for the reduction of cases often involving minor competition concerns. In view of such changes, the Administrative Council for Economic Defense (CADE), antitrust Brazilian watchdog, was able to shift a substantial part of its resources to investigations of anticompetitive conducts, which have been mostly focused on Cartel cases since 2003.

According to the Brazilian Antitrust Law, cartels concern any anti-competitive practices involving agreements, combinations, manipulations or arrangements among competitors for the purpose of: (i) fixing prices of goods or services; (ii) restricting or limiting the production or sale of goods or provision of amount or frequency of services; (iii) splitting

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