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​Paul, Weiss, Rifkind, Wharton & Garrison LLP in New York and Washington, DC, and Mattos Filho, Veiga Filho, Marrey Jr e Quiroga Advogados in São Paulo have helped US company Elanco Animal Health obtain Brazilian antitrust clearance for its US$7.6 billion global acquisition of German pharma company Bayer’s animal health business.

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​La compañía brasileña Omega Geração colocó acciones comunes, en oferta pública primaria realizada en Brasil y en los mercados internacionales, por 201,9 millones de dólares (830,7 millones de reales al 11 de octubre). El precio por acción se fijó en 7,29 dólares (30 reales). Acceda al artículo en LexLatin linwe

​On April 30, 2019, the Brazilian Securities Commission (“CVM“) published CVM Resolution No. 818 (“Resolution“) which allows the use of marketing materials in public offerings of securities without CVM’s prior approval, dismissing issuers to make the submission provided for in article 50 and article 51, sole paragraph, of CVM Rule No. 400, published on December 29, 2003, as amended.

Before the publication of the Resolution – except for the pre-approved marketing materials, which only contain basic information about the offering – the release of any advertising materials in connection with the offering, in all types of media, including audiovisuals, depended on the previous approval by the CVM.  The CVM review period was up to ten (10) business days, in case of public offerings of interests in investment fund and up to five (5) business days, in case of public offerings of other types of securities.

The Resolution dismissed the obligation to submit the marketing materials to CVM’s prior approval and established that such materials must be submitted to CVM only within one (1) business day following its use.

Even though the release of marketing materials does not require CVM’s prior approval, the duties and liabilities of the issuer and the intermediary institutions for the information provided to the investors, as well as the guidelines to produce and release marketing materials remain unchanged.

The changes introduced by the Resolution may be temporary and are part of a process to review CVM rules that govern public offerings of securities.  They will provide a basis for CVM to assess advantages and disadvantages of such changes, as well as the best course of action for their implementation in the context of the definitive revision of rules.

Mattos Filho would be pleased to provide further information and clarification regarding the Resolution.