Fabiola Cammarota de Abreu Ricardo Lara Gaillard In August 2016, the tribunal of the Brazilian antitrust authority (the Administrative Council for Economic Defense or Cade) reversed a previous decision of its General Superintendence. This previous decision held that down payments violated the so-called gun jumping rules laid down in Cade's guidelines. In doing so, Cade issued its first precedent on the legality of a down payment and the payment of reverse break-up fees in M&A transactions, vis-à-vis the current gun jumping regulations.
December 15 2016