Luciana Martorano joined Licks Attorneys as a partner in 2017 to be a leader in the Antitrust area. Mrs. Martorano has over 10 years of significant experience with various aspects of competition law, representing domestic and multinational companies before the Brazilian Antitrust Authority (CADE). Mrs. Martorano has participated in several complex anticompetitive internal investigations assisting clients on defenses, leniency agreements negotiations and settlements. She has been involved in numerous high-profile merger control cases including negotiations of remedies.
Mrs. Martorano has worked with business risk assessment and with the development, training and implementation of corporate compliance programs, helping companies to avoid or mitigate financial penalties and to address compliance failures. She has been also advising clients in antitrust and regulation matters related to High-Tech Industry and Digital Economy.
- Led the team that successfully advised a top US-based e-hailing startup in Brazil involving antitrust and regulation issues (2016);
- Successfully cleared without restrictions the merger review related to the acquisition of one of the most important players in the Brazilian market for water treatment by one of the world’s largest investors (2017);
- Represented a major Chinese conglomerate in several worldwide acquisitions in 2016 involving aviation, ground handling and air catering (2016);
- Pioneered in representing a client in entering into a leniency plus agreement with CADE involving an international case of cartel (2015);
- Participated in very complex and demanding internal investigations related to several markets such as construction, auto parts and elevators;
- Represented a major Brazilian cement company in the cartel investigation promoted by CADE from 1996 until 2014;
- Was one of the leading attorneys that successfully blocked a Merger Review proceeding by formally contesting a transaction involving the market for treatment and recovery of industrial waste (2013);
- Led the team that successfully closed a cartel investigation initiated by CADE against a major Brazilian company acting in the market for treatment and recovery of industrial and public waste (2013). This is the only case in the history that CADE has closed by accepting a motion for clarification;
- Represented a Japanese client in a predatory prices complex investigation against a Brazilian company involving the Brazilian market for DRAM memories (2012);
- Represented a major Brazilian bank in the most important merger in the Brazilian banking market in the last decade (2010);
- Participated in several negotiations of Settlement Agreements with CADE;
- Defended clients in several cartel and unilateral conducts investigations;
- Vast experience in preparing antitrust risk analysis on M&A transactions and vertical restraints practices;
- Participated in more than 70 Merger Review Proceedings before CADE, including multijurisdictional transactions.
- Speaker at the São Paulo Bar Association Annual Event (OAB/SP-CECORE) on a panel about the Brazilian New Civil Procedure Code, 2016.
- Speaker at the Global Patent Enforcement to Maximize Portfolio Value Event on a panel about “The interplay between the enforcement of standard-essential patents (SEPs) and antitrust/competition law” at Dallas (USA).
- Speaker at the Japanese Chamber of Commerce in Sao Paulo on the panel, How to Deal with Antitrust Damages Actions in Brazil, 2017.
- American Bar Association (ABA)
- Brazilian Intellectual Property Law Association (ABPI)
- American Intellectual Property Law Association (AIPLA)
- Brazilian Institute of Studies on Competition, Consumer Affairs and International Trade (IBRAC)
- Brazilian Bar Association (OAB-SP)
- Economics and E-Commerce Course, Massachusetts Institute of Technology (MIT), 2014.
- Master’s Degree in Corporate Law, University of Sao Paulo (USP), 2013;
- Bachelor of Laws, Mackenzie Presbyterian University – Sao Paulo (UPM), magna cum laude, 2009.
- Co-Author of the book “Direito Concorrencial: Avancos e Perspectovas. Edicao comemorativa aos 5 anos da lei 12.529/11”, CEDES, 2017.
- The leniency avalanche in the first 5 years of the Brazilian antitrust law: improvements achieved and challenges ahead, IBRAC, 2017;
- Non competition restrictions: from acquisitions to cooperation agreements. USP, 2013 (Master´s degree dissertation, in the press).
- Co-author of the book “Comentários à Nova Lei de Defesa da Concorrência” (Commentaries to the new competition law), Método, 2012.