During the trial session held on October 16, 2018, the Administrative Council for Economic Defense’s (Cade) Tribunal released the final version of the Antitrust Remedies Guide.
Antitrust Remedies are measures (i.e., restrictions) established by Cade in merger reviews or conduct investigations. In mergers , these measures are applied to transactions in which there are highly concentrated markets, aiming at correcting any competitive harm, being negotiated through a Merger Control Agreement (ACC). In cases of conducts, such measures may be imposed as a sanction or negotiated in Settlement Agreements.
The Guide is not binding, because it is not a legal norm; thus, the guidelines can be changed by the authority, depending on the specificities of each case. Nevertheless, the Guide is useful, because it presents best practices and procedures usually adopted by Cade, establishing guidelines for implementation and monitoring of future remedies.
The guide´s draft can be accessed here: https://bit.ly/2CO9Qki.
