CADE evaluates Brazilian commitment to new OECD Recommendation

The Administrative Council for Economic Defense (CADE) released a document that evaluates the level of Brazil’s commitment with the Organization for Economic Co-operation and Development (OECD) Recommendation of the Council on Merger Review, updated in June 2025.

The comparative study analyses the Brazilian rules and practices adopted in light of the best international consolidated practices in the new instrument of the OECD, which establishes principles to ensure that merger reviews are effective, efficient, and timely, with clear notification and substantive examination procedures, in addition to transparent and reasoned assessments.

According to the document, the Brazilian regime has a high level of commitment to the guidelines of the 2025 Recommendation. The assessment also mentions opportunities for specific improvements, in line with the nature of the Recommendation, recognising the importance of a continuous review process and updated merger control rules and practices.

The survey emphasises that the 2025 version is a relevant advancement in comparison to the 2005 Recommendation, introducing broader substantive aspects of antitrust analysis and reflecting the most recent developments and internationally recognised best practices in merger reviews.

In addition, the document highlights that the historic relevance of OECD recommendations for the evolution of the Brazilian Competition Defense System, leading to the adoption of the premerger notification model in Brazil.

In 2019, Brazil adopted the OECD’s Recommendation through CADE, and it currently applies the 2025 updated version. CADE’s study shows its commitment to follow the best international practices and constantly improve the Brazilian competition defence. Access the full study here (in Portuguese only).