Antitrust laws are enacted to target unlawful business practices that (i) restrain or in any way harm free competition or free initiative, (ii)control the relevant market of goods or services, (iii) arbitrarily increase profits, and (iv)abusively exercise a dominant position.
When contemplating a merger, acquisition, joint venture, or minority investment, our firm advises clients regarding the potential antitrust risks of a proposed business combination and structures the transaction to address those risks. Our team also identifies the need for pre-merger notification filing with the Brazilian ADMINISTRATIVE COUNCIL OF ECONOMIC DEFENSE – CADE and other agencies abroad, as the case may be.
Antitrust counseling plays an indispensable role in guiding companies through administrative and, when necessary, judicial proceedings for issues related to cartelization, price fixing, monopolization, and vertical restraints.
On a day-to-day basis, many clients seek antitrust guidance regarding strategic pricing decisions, structuring distribution and licensing agreements, potential competitor collaborations, interlocking directorates, and a variety of other customer-supplier or competitor-facing issues that may implicate the violation of antitrust laws. In addition, many businesses implement antitrust compliance, monitoring programs, and internal reviews in consultation with an antitrust counsel.