Private Antitrust Enforcement in Brazil: New Perspectives and Interplay with Leniency

Ana Paula Martinez, Mariana Tavares de Araujo, Apr 16, 2013

Private antitrust enforcement in Brazil has been on the rise over the past five years. This may be due to such reasons as the global trend of antitrust authorities encouraging damage litigation by potential injured parties; the growing number of infringement decisions issued by Brazil’s antitrust agency, CADE; and the increasing general awareness of competition law in Brazil.

Pursuant to Article 47 of Brazil’s Antitrust Law, victims of anticompetitive conduct may recover the losses they sustained as a result of a violation, apart fr…

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