We work with our clients to formulate business strategies that fulfill company goals in full compliance of Brazilian antitrust law. Our multi-levelled analysis integrates a broad range of angles and theoretical perspectives surrounding the substantial, institutional and political issues at stake and relevant and potentially useful factors from the international experience without losing sight of the particularities of the Brazilian context:
- We offer unparalleled expertise in the practices and proceedings of the Brazilian antitrust authority and the Administrative Council for Economic Defense (“CADE”) which regulate the notification requirements for mergers and acquisitions, representation for investigations of cartel activity or abuse of market dominance, negotiations for leniency and settlement agreements and the circumstances in which consultations may be granted. We carry out our work in close collaboration with our clients, diligently focusing on their specifics needs, which may involve both assistance in designing case strategies as well as actual representation of the client before the corresponding authority.
- Our firm monitors and manages antitrust remedies imposed by or negotiated with CADE.
- Our team provides draft strategies and representation in response to claims for damages.
- We evaluate the antitrust risks related to business models, commercial policies and product roll-outs and formulate solutions for their mitigation.
- We have the expertise needed to treat the judicial, contractual, criminal, regulatory and other repercussions that arise from antitrust investigation or prosecution.
- We provide legal opinions for a variety of competition regulations and principles.
UNFAIR TRADE COMPETITION
We assist in the design and execution of competition compliance strategies for clients accused of or subject to the employment of fraudulent or illicit means to obtain competitive advantages or to harm competitors by unfairly gaining market share.
REGULATORY IMPACT ANALYSIS
We operate in several economic sectors, some of which are heavily regulated and others where regulations are less developed. In whichever areas our clients operate, we conduct regulatory impact analysis of the relevant laws and other norms; not only the ones in force, but also the potential impact of proposals in the early stages of formal elaboration, which includes the public consultation phase and that of deliberation in legislative committees. The analysis is formulated in constant interaction with our clients to ensure their needs remain squarely in focus. Such analysis contemplates, among other services:
- Regulatory diagnosis through the identification of pertinent norms, data collection and weighting, the degree of involvement and interaction of relevant actors and qualitative measurement of regulatory impact on the market.
- Identification of regulatory alternatives backed by comparative cost-benefit analyses on the basis of previously defined valuation standards.
- Benchmarking applicable regulatory issues and regulations of similar or related sectors against foreign and international standards.
- Assistance in altering institutional design to integrate institutional and regulatory frameworks that correspond to the idiosyncrasies of the Brazilian legal regime.
- Preparation of legal opinions.
- Assistance in determining the concrete implications of and changes required by different strategies for the implementation of intended regulatory alternatives.
- Assistance with coordinating communication among the various institutional actors involved – regulatory agencies, legislative bodies and government institutions in general.
- Legal representation of clients before government bodies within the executive, judicial and legislative branches, including participation in the monitoring and proposal of measures in legislative and regulatory processes, as well as during the formulation of public policies.
- Assistance preparing for and representation at public hearings and consultations.
In addition to deploying their business model, analyzing competition from other firms and their relations with suppliers and customers, companies are increasingly investing in nonmarket strategies to ensure success in their endeavors and effective, productive engagement with regulators. Such strategies necessitate deep awareness of the configuration of the rules and regulations that mold the market both through legislation and government agencies. We make it our mission to evaluate the risks of regulatory agendas in the markets through constant monitoring and wide-ranging analysis, with particular attention focusing on shifts in public policy and the emergence of innovative businesses. We help our clients mitigate the risks of entering regulated markets and maintaining a competitive edge in them by establishing preventive and reactive strategies to possible legislative proposals. We also possess skill and experience in negotiating solutions to conflicts with the public administration.
The growing effectiveness of Brazilian antitrust and anticorruption law has made companies more aware of the need to adequately align their business practices with conduct standards. Business ethics has thus become an element of the corporate agenda that cannot be neglected and, as a result, is reflected in corporate governance models. Compliance programs are crucial in these models, and careful design, structure, implementation and regular monitoring are all essential for attaining the intended public and private objectives. We develop and evaluate internal compliance programs that respond and relate in precise detail to the legislation in force, with special focus on the fields of antitrust, anticorruption and economic regulation. Furthermore, by devising future scenarios and integrating the compliance structure into the model for company growth, corporate compliance programs are transformed from a business cost or bottleneck into a productive asset.
DATA PROTECTION AND PRIVACY
We assist companies in designing and reviewing internal and external data protection policies that ensure compliance with all pertinent norms at the domestic and international levels. We also actively participate in the public-private interface in order to provide advice, evaluate risks, track and propose regulatory alternatives in areas pertaining to privacy in order to defend the interests and business strategies of our clients. Our services include:
- Adapting compliance programs to Brazilian and international data protection regulatory standards.
- Performing due diligence to identify risks related to data protection and privacy.
- Assistance in commercial transactions involving international data transfer in accordance with the regulatory standards of the pertinent jurisdictions.
- Benchmarking data protection standards and mapping them across foreign and international experiences.
- Drafting legal opinions.
- Providing legal representation before public bodies within the executive, judicial and legislative branches; monitoring and proposing legislative and regulatory initiatives, and participating in the formulation of public policies.
- Representation at and assistance in public hearings and consultations.
- Assistance coordinating communication with and among regulatory agencies, legislative bodies and government institutions in general.
CIVIL SOCIETY ORGANIZATIONS AND SOCIAL ENTERPRISES
We operate closely with civil society organizations and social enterprises in the planning, legal formatting, execution and evaluation of strategic social projects and their impact, especially in the areas related to economic regulation, competition and markets where we possess the most expertise. Among other activities, our practice includes:
- Drafting contracts and agreements with private and public institutions, both domestic and international.
- Strategic assistance in attaining finer definition of projects and programs that takes into consideration legal and political risks that may not be apparent to non-experts.
- Assistance and representation of organizations before public bodies within the executive, judicial and legislative branches; monitoring and participating in the formulation, proposal, and approval processes of legislative and regulatory actions and the implementation of public policies.
- Drafting and implementing legal responses and initiatives, such as legal opinions and amici curiae, for the defense of strategic interests of civil society organizations and social enterprises.
- Participation and assistance in public hearings and consultations.
- Drafting situation reports.