Our Antitrust practice is designed to help businesses navigate the complexities of competition law and ensure compliance with national and international antitrust regulations. We advise clients on a wide range of antitrust matters, from pre-emptive risk assessments and merger control filings to cartel investigations and vertical restraints. Our expertise extends to assisting companies in avoiding anti-competitive practices, such as price-fixing, monopolization, and market allocation, while ensuring compliance with Brazil’s Conselho Administrativo de Defesa Econômica (CADE) and other global competition authorities.
We specialize in private enforcement, where we pursue civil damages and remedies for clients harmed by anticompetitive behavior, whether through monopolistic practices or anti-competitive agreements. Additionally, we represent clients in the commencement of antitrust investigations and lawsuits, either defending against accusations or proactively challenging anti-competitive conduct by competitors. Our proactive approach ensures that clients remain competitive, compliant, and protected from legal risks, while leveraging opportunities within competitive markets.
- Antitrust Risk Assessments and Compliance Advisory: We provide proactive risk assessments to identify potential antitrust issues in business practices, helping you mitigate risk and avoid violations. Our advisory services offer ongoing monitoring and strategic counsel, ensuring that your company remains compliant with both local and international competition laws as it grows and enters new markets. We also assist in the development and implementation of comprehensive antitrust compliance programs to prevent violations before they occur. This includes employee and executive training, monitoring business practices, and ensuring adherence to competition law in areas such as pricing strategies, market practices, and supplier agreements.
- Vertical and Horizontal Agreements: our team advises businesses on the legal risks associated with vertical and horizontal agreements, including exclusive distribution agreements, supply arrangements, joint ventures, and competitor collaborations. We ensure that your agreements are structured to comply with antitrust regulations, minimizing the risk of regulatory scrutiny or violations. By assessing the competitive impact of these arrangements, we help clients avoid anti-competitive practices that could trigger investigations or penalties.
- Merger Control and Filing: we offer strategic legal counsel for businesses involved in mergers, acquisitions, and joint ventures to ensure compliance with antitrust regulations. Our team prepares and submits merger filings to competition authorities, including Brazil’s Conselho Administrativo de Defesa Econômica (CADE), and other international bodies. We guide you through every stage of the merger process, ensuring your transactions proceed without delays or legal impediments from antitrust concerns.
- Defense before the Antitrust Authority: our team provides robust defense for businesses facing accusations of anti-competitive behavior, such as abuse of dominance, monopolistic practices, price-fixing, bid-rigging, or market allocation. We represent clients before competition authorities, including CADE, and defend against investigations or penalties arising from cartel allegations or other violations. We focus on protecting your business’s reputation, minimizing exposure to fines, and mitigating the risk of operational disruption.
- Commencement of Antitrust Investigations and Lawsuits: we represent clients in initiating antitrust investigations and lawsuits, whether pursuing claims of anti-competitive behavior or defending against them. Our team handles every stage of the legal process, from filing complaints and coordinating with regulatory authorities like CADE to providing strategic counsel throughout litigation. Whether you are challenging unfair practices by competitors or defending your business from accusations, we ensure a comprehensive legal strategy.
- Implementation of Ruling Determined by the Antitrust Authority: after a ruling by an antitrust authority, we assist businesses in implementing the required changes, whether structural or behavioral, to ensure compliance with the authority’s directives. This includes modifying business practices, adjusting agreements, or even restructuring operations. Our goal is to help you comply with antitrust rulings while minimizing the impact on your business operations and market strategy.
- Private Enforcement of Antitrust Violations: we assist clients in pursuing civil damages and remedies against competitors or entities engaged in anticompetitive conduct. Whether your business has been harmed by practices such as price-fixing, market manipulation, or exclusionary tactics, our legal team helps recover damages and obtain relief through civil actions. This approach enables your business to remain competitive while holding violators accountable.
- Assessment of International Antitrust Sanctions and Compliance: for businesses operating globally, understanding and complying with international antitrust sanctions is critical. We provide assessments of how foreign antitrust penalties, such as those imposed by the U.S. or European authorities, can impact your operations in Brazil and internationally. Our team helps you navigate these complex cross-border compliance challenges, ensuring that your business meets all necessary legal requirements while mitigating the risks associated with global competition law violations.
- Challenging Antitrust Reviews in Court: we represent clients in pursuing judicial challenges to antitrust rulings, whether seeking a full invalidation, reassessment, or partial invalidation of a decision made by competition authorities. Our team formulates robust legal arguments to challenge the findings of antitrust reviews, including errors in legal interpretation, procedural violations, or unjustified penalties. Whether your business is contesting a merger prohibition, fines for alleged anti-competitive practices, or restrictive measures, we provide comprehensive legal strategies to overturn or modify rulings and minimize the impact on your operations. We pursue judicial appeals to protect your business interests while ensuring compliance with legal procedures.