In this issue: Brazil’s comprehensive overhaul of their competition law was signed into law on Nov. 30, 2011. We’re pleased to present this timely issue—including articles written by authors from within and outside Brazil as well as several formerly active in Brazil’s competition authorities—to explain the whats, whys, and wherefores behind the new legislation. Indeed, […]

Merger Control Reform in Brazil

Leopoldo Pagotto, Victor Pavon-Villamayor, Nov 30, 2011 The main purpose of merger control is to secure the competitive structure of markets by identifying, ex ante, concentrations that may significantly impede the process of competition. Merger control is a key component of any competition regime and its efficient operation remains critical for the construction of a […]

Brazil – The New Antitrust Law

Cecilia Vidigal, Nov 30, 2011 The Brazilian antitrust system underwent a modernization with the approval, by the Brazilian Congress, of a new bill of law on October 5, 2011 (“New Law”). The New Law was signed by the President of Brazil on November 30 and will come into force on May 29, 2012. The main […]

The New Competition Law in Brazil: Challenges Ahead

EnforcementJose Antonio Ziebarth, Nov 30, 2011 The present article aims to outline the latest developments of Competition Law and Policy in Brazil. The so-called Brazilian Competition Policy System has become increasingly more active over the past decade. Since the beginning of the 2000s, a commodities boom has fueled strong growth and lowered poverty across Latin […]

Merger Control Under the New Brazilian Competition Law

Paulo Leonardo Casagrande, Caio Mario da Silva Pereira Neto, Nov 30, 2011 On November 30, 2011, Law n. 12.529—the New Brazilian Competition Law—was formally enacted by President Dilma Roussef, after more than 7 years of discussions within the Brazilian National Congress. Such Law will become effective on May 29, 2012, when it will supersede Law […]

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 Consolidation of Competition Law in Latin America

Julian Pena, Nov 30, 2011 The enactment of the long-awaited reform of the Brazilian competition law can be seen as part of a new stage in competition law in Latin America, which also involves other countries in the region. Regardless of the broad extent of the area covered by the concept of Latin America, and […]

Procedural Fairness

This article is part of a Chronicle. See more from this Chronicle Jonathan Zuck, Nov 25, 2009 In a recent speech, Neelie Kroes of the European Commission argued that “as enforcers we do have ” special responsibility  to ensure a fair and transparent process. But the great weight of evidence says we meet this responsibility. […]