The Antitrust Review of the Americas 2015

Brazil: Private Antitrust Enforcement

Introduction The Brazilian New Competition Act (NCA) has recently celebrated its second anniversary.1 Law No. 12,529/2011 introduced major changes into the Brazilian antitrust practice. The biggest change, without any question, was the introduction of a pre-merger filling system, which has consumed much of the new agency’s efforts and resources during its early years. Other relevant changes in the field of antitrust investigation, such as the possibility of piercing the corporate veil of companies involved in anti-competitive practices, and the strengthening of the interaction between antitrust and intellectual property, are yet to be seen.