The Antitrust Review of the Americas 2016

Brazil: Cartels

On 30 November 2011, Law 12,529/2011 was formally enacted by the President after more than seven years of discussions. Such law came into force in May 2012, replacing Law 8,884/94. One of the most significant changes introduced by the new Law was the pre-merger review system, together with significant changes in the institutional design of the authorities’ review. The new law also brought some changes with regard to administrative proceedings related to anti-competitive practices (ie, cartels, resale price maintenance, price discrimination and others). And above all, the new law has allowed CADE to institutionally refocus its activities to those matters of greater relevance to the competition environment, such as local cartels and abuse of dominance claims.

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