Page 54 - Demo

Doing Business in Brazil
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Since 1994, Brazil adopted a strong and consistent antitrust policy, setting up a solid merger control system and actively reshaping
the country’s stand against anticompetitive practices.
Law 12,529/2011 (the Brazilian Antitrust Law) superseded Law 8,884/94, effectively modernizing and updating the antitrust law and the Brazilian Antitrust System, now comprised by the Administrative
Council for Economic Defense (Conselho Administrativo de
Defesa Econômica – CADE) and the Secretariat for Economic Monitoring (Secretaria de Acompanhamento Econômico – SEAE).
CADE is an independent
agency, linked to the Ministry of Justice, which encompasses the Administrative Tribunal, the General Superintendence and the Department of Economic Studies.
The Administrative Tribunal, composed by one president
and six members, is competent
to issue final decisions on administrative proceedings related to anticompetitive practices and merger operations. Decisions are made by
a majority vote. Ties are resolved by the president of the Administrative Tribunal. Decisions are final and may only be challenged at the court.
The General Superintendence is mainly responsible for monitoring
market activities, open investigations, administrative procedures on anticompetitive practices and process acts on the review of concentration acts.
SEAE main roles are to carry out studies and reports related to the competition environment, and
they also have a say in promoting competition on legislative and regulation initiatives, and the givie technical economic support to CADE as well.