Brazil’s antitrust overhaul: less deals reviewed, more could be blocked

Author: | Published: 20 Oct 2011

Fewer deals will face antitrust review under Brazil’s long-awaited antitrust bill, expected to soon be signed into law. But a larger number could be blocked.

The country’s Chamber of Deputies approved the bill on October 5 and it now only needs to be signed into law by the president before taking effect.

The law would restructure regulators and reform the country’s antitrust review processes. The most important change is that the approval of the antitrust regulator, Administrative Council for Economic Defense (CADE), will be needed prior – rather than after – finalising the transaction

At the moment, competitively significant transactions are required to submit concentration acts for antitrust analysis 15 business days after an agreement has been reached.

"Under the current system, it is possible that a transaction closes and after a period, which may be of up to two years...