Insights

Competition Law in Brazil: 2018 Overview

Our firm has released in January 2019 the ebook “Competition Law in Brazil: 2018 Overview”. This ebook presents a brief analysis of the most relevant competition cases in Brazil in 2018. Our goal was to identify the main topics and trends of the year, so as to help foreign and domestic practitioners to get a better sense of the developments of the Law here.

Analysing Leniency Applications

Revista Consultor Jurídico (Conjur) published an article where José Del Chiaro and Mário André Machado Cabral discuss the need of conservation of the companies that enter into leniency agreements with the authorities in the column “Leniências em Questão”.

Link: https://www.conjur.com.br/2019-set-11/leniencias-questao-direito-premial-preservacao-empresas

Balancing Incentives in the Brazilian Data Protection Law (LGPD)

The LGPD (General Data Protection Act) will enter into force in Brazil in less than a year. However, its careful and well-oriented implementation by companies may create relevant benefits even before the Act enters into force. These benefits are similar to what the theory of regulation calls incentives (represented by carrots) in opposition to direct control (represented by sticks). In this op-ed published by Estadão (a major newspaper), Ademir Pereira Junior and Luiz Felipe Rosa Ramos discuss the “carrots” in the LGPD.

Link: https://politica.estadao.com.br/blogs/fausto-macedo/as-cenouras-da-lgpd-aproveitando-corretamente-os-incentivos/

Privacy and Innovation: Enemies or Allies?

Valor Econômico (major business newspaper) published an op-ed by Ademir Antonio Pereira Junior, Luiz Felipe Rosa Ramos and Yan Villela Vieira discussing the need to carefully balance and shape the data protection regulation to avoid harm to innovation and competition. This subject will be a priority in the agenda of the recently-created National Authority of Data Protection.

Link: https://valor.globo.com/opiniao/coluna/privacidade-e-inovacao-inimigos-ou-aliados.ghtml

Antitrust and Data Privacy: the Facebook Case in Germany

Revista Consultor Jurídico (ConJur) published an article where Ademir Antonio Pereira Junior and Luiz Felipe Rosa Ramos discussed the interface between antitrust law and data protection in the Facebook investigation in Germany.

Link: https://www.conjur.com.br/2019-jul-06/opiniao-antitruste-protecao-dados-facebook

CADE, OECD and abuse of dominance

Valor Econômico published an article prepared by Mário André Machado Cabral discussing the OCDE recommendation that Brazilian antitrust authorities put more focus on abuse of dominance. case

Link: https://valor.globo.com/opiniao/coluna/cade-ocde-e-o-abuso-de-posicao-dominante.ghtml