Wilmer Cutler Pickering Hale and Dorr Antitrust Series

 

Antitrust and Competition Law Update: Brazil Adjusts Merger Notification Thresholds

Ulrich Quack, WilmerHale
James Burling
Claus-Dieter Ehlermann
John Ratliff
Suyong Kim
Douglas Melamed
William Kolasky
Janet Ridge

Abstract

Brazilian merger notification requirements, traditionally a major hurdle for multinational mergers, have just become less burdensome. In an unexpected development last Wednesday, the Brazilian antitrust authority (“CADE”) announced a new interpretation of the Brazilian merger notification thresholds that may reduce foreign merger filings in Brazil by more than 90%. CADE reversed 10 years of precedent by declaring that, in line with the approach of many other jurisdictions worldwide, the Brazil notification threshold of 400 million Reales should henceforth be assessed in terms of Brazilian turnover rather than worldwide turnover. (ADC Telecommunications Inc. / Krone International Holding Inc., announced January 19, 2005.)

Subject Area

Anti-Trust

Recommended Citation

Ulrich Quack, James Burling, Claus-Dieter Ehlermann, John Ratliff, Suyong Kim, Douglas Melamed, William Kolasky, and Janet Ridge, "Antitrust and Competition Law Update: Brazil Adjusts Merger Notification Thresholds" (January 2005). Wilmer Cutler Pickering Hale and Dorr Antitrust Series. Wilmer Cutler Pickering Hale and Dorr Antitrust Series. Working Paper 45.
http://law.bepress.com/wilmer/papers/art45

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