Brazil’s New Competition Law: Promising but Challenging

Ana Paula Martinez, Mariana Tavares de Araujo, Nov 30, 2011

Accompanying Interview:

Besides the Article summarized below, we’re pleased to present an interview with Mariana Tavares de Araujo, now with Levy & Salomão Advogados. She was formerly the  Secretary of Economic Law of the Ministry of Justice (2007-2010) and, prior to that, the head of the Merger Division of the SDE and the head of the Cartel Division of the Secretariat of Economic Monitoring of the Ministry of Finance. Listen to the interview here and discover the one thing you must do when visiting Brazil.

Article Abstract:

The Brazilian Congress approved in October 2011 a new antitrust and unfair competition law that significantly changes the landscape of competition enforcement in Brazil. Law 12.529/2011 was signed by President Dilma on November 30th  and published in the Official Gazette on December 1st. It will take effect on May 29, 2012.

The modern era in competition policy in Brazil began with the antitrust law of 1994 (Law No. 8.884/1994), which coincided with the country’s transition to a market-based economy. Law No. 8.884/1994 introduced the current institutional framework of the Brazilian Competition Policy System (“BCPS”), comprised of two investigative and advisory agencies, the Secretary of Economic Monitoring at the Ministry of Finance (“SEAE/MF”) and the Antitrust Division of the Secretary of Economic Law at the Ministry of Justice (“SDE/MJ”), and a third component, the Council for Economic Defen

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