Antitrust/Competition
Winning by the Rules

Regulators have been stepping up enforcement of competition laws in Brazil. Running afoul of the laws can have serious consequences. Executives, as well as companies, can face criminal charges, and fines can be as much as 30 percent of a company’s annual earnings. For Brazilian companies doing business abroad, cross-border transactions are complicated by the different competition policies worldwide.

At Trench, Rossi e Watanabe, we can help you play and win by the rules. We have been active in antitrust law in Brazil since 1991 when the Secretariat of Economic Law of the Ministry of Justice was created. Our lawyers have advised on more than 350 merger control cases in the country, including some of the most complex. We can defend your interests if you are investigated or protect your business against unfair competition.

Our Baker & McKenzie network extends our reach to 38 countries – and your compliance to antitrust and competition regulations to multiple jurisdictions worldwide.

How We Can Help

• Merger control filing – We help you work with the Brazilian antitrust authorities and file appropriate pre-merger notifications and secure approvals for mergers and acquisitions, joint ventures, exclusivity agreements and distribution agreements.
• Cartels – We represent both defendants and claimants in cartel investigations and prosecutions, assisting you from the onset of the Secretariat of Economic Law’s investigation, through proceedings with the Administrative Council for Economic Defense and possible judicial discussions.
• Leniency application – We can help you identify cartel practices through internal investigations and determine appropriate circumstances to apply for Brazil’s Leniency Program. We also represent you in negotiations for immunity with the Secretariat of Economic Law upon the denouncement of a cartel.
• Judicial review – We actively participate in judicial proceedings related to antitrust law, and we can help you file lawsuits to challenge decisions taken by Administrative Council for Economic Defense.
• Audits and compliance program – We conduct antitrust audits and help you identify competition laws relevant for your business and develop and implement compliance programs that address these.