CADE updates its Frequently Asked Questions

The Administrative Council for Economic Defense (CADE) recently updated the Frequently Asked Questions (FAQ) on its website, specially about procedures to notify mergers based on Law 12529/2011. The objective is to clarify common doubts and to provide information about the agency’s requirements for mandatory merger notification.

CADE has accumulated a vast amount of knowledge through its decisions and is making the notification process more transparent and accessible. The new FAQ is consequence of the continuous work aimed at improving the dialogue with society and to ensure a faster and more accurate merger review.

The FAQ is divided into five main categories, addressing topics such as turnover; timing (when the merger will or had taken place); international transactions; acquisition of equity interest; and partnership agreements.

It was developed by a Working Group, formed by the Office of the Superintendent General at CADE (SG) and the commissioners of the Tribunal of CADE, to compile possible questions and suggest guidelines on mandatory merger notifications, based on previous decisions.

It is important to emphasise that the updated FAQ presents an overview of the consolidated jurisprudence on the matter, but it is not binding. The agency remains open to revise its opinion as new information arises.

The update shows CADE’s ongoing effort to guide the antitrust community, improve the notification process, and carry out more efficient merger reviews, in accordance with the Brazilian Competition Law.

Access the FAQ here (in Portuguese only).