Brazilian competition law: trends and perspectives for 2022

​The booklet “Competition Law and Policy in Brazil: Relevant Developments and Outlook” summarizes the standout developments within Brazil’s competition law and policy, focusing on the Administrative Council for Economic Defense’s (Cade) approach to specific cases in its role as Brazil’s antitrust authority.

The booklet comprises analysis from Mattos Filho’s antitrust specialists, featuring insights and trends that companies should look out for either when doing or aiming to do business in Brazil.

A summary of the chapters is outlined below:

Main developments in merger cases and expectations for 2022

Our experts present an overview of merger cases in 2021, confirming an increase in the number of transactions Cade assessed. They also point out which trends to expect in 2022, such as more in-depth reviews and greater emphasis on economic data, a possible increase in the number of requests for Cade’s Tribunal to conduct second reviews, and more detailed analysis in regard to remedies.

Main developments in conduct control and expectations for 2022

This article is an overview of conduct control and enforcement in 2021, outlining the opening of several new investigations and the resumption of dawn raids, even with the ongoing Covid-19 pandemic. The debate continues on the possibility of applying the concept of ‘supracompetitive profits’ to penalty calculations, while we also address what can be expected for 2022.

Authorization to the exercise of political rights: the MSC/Log-In case

The chapter addresses Cade’s unprecedented decision to permit MSC subsidiary SAS to exercise certain political rights in relation to Log-In before acquiring it – subject to certain safeguards and monitoring commitments – even though Cade has yet to officially clear the transaction.

Trends in the assessment of resale price restriction policies

This chapter explores new trends in how resale price restrictions are analyzed, in light of Cade’s ruling on a consultation submitted by Michelin.

The booklet can be accessed by clicking here.

For further information on the outlook for competition law in 2022, please contact Mattos Filho’s Antitrust practice area