This post was written by Mr. Eduardo Molan Gaban and Mr. Bruno Droghetti Magalhães Santos, partner and associate, respectively, of the Antitrust/Competition and International Trade areas at Machado Associados Advogados e Consultores.
At the end of 2011, the Administrative Council for Economic Defense (CADE) rejected a proposal for a Cease and Desist Agreement (TCC) prepared by Unimed Araraquara, as it did not meet the convenience and timeliness required by the Council. The administrative proceeding, subject matter of Unimed Araraquara’s attempt to execute a TCC, was filed by the Secretariat of Economic Law (SDE/MJ) in 2007, in view of signs of an alleged practice of discriminated fees to [...]
Published on November 30, 2011, Law No. 12529/11 (the New Brazilian Antitrust Law – NBAL) has been the object of criticism and skepticism by players from several fronts. In short, important matters such as the challenge of structuring and training the staff of “Super CADE”, and “innovations” in the procedural arena may lead to disputes in the judiciary branch, for instance, whether the tacit approval from the running of the timeframe would or not become void. To better clarify: the law in force (Law No. 8884/94) determines that a case is automatically approved once the 60 days term, counted from the merger filing at CADE, has expired.
Despite intense dispute about the NBAL, not muc [...]
