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COMPETITION LAW IN BRAZIL: 2018 OVERVIEW 17

iii. The upfront buyer must be “effective”, meaning BEHAVIORAL REMEDIES,
that it must show economic capacity and know- IN TURN, ARE CONSIDERED
how for purchasing the divested assets and then MORE ADEQUATE FOR
effectively competing with the parties; TRANSACTIONS COMPRISING
ANTITRUST CONCERNS
RELATED ONLY TO VERTICAL
iv. Behavioral remedies, in turn, are considered INTEGRATION, WHILE
more adequate for transactions comprising CONCERNS REGARDING
antitrust concerns related only to vertical HIGH LEVELS OF HORIZONTAL
integration, while concerns regarding high levels CONCENTRATION USUALLY
of horizontal concentration usually require REQUIRE STRUCTURAL
structural remedies; REMEDIES.

v. Behavioral remedies involving direct control of prices, quantities and quality of products
sold by the parties should be an exception; and CADE usually demands that the parties
hire and pay for independent monitoring trustees to assess whether the antitrust remedies
negotiated, structural or behavioral, are duly implemented.