A new resolution that disciplines the administrative procedures for the investigation of mergers (APAC), provided for in §§3 and 7 of art. 88 from Law no. 12.529/2011 (Antitrust Law), came into force on July 10. Through APAC, CADE will be able to analyze cases of gun jumping, as well as request the submission of operations that do not have mandatory notification, but which may generate negative effects on the market, within one year.
The main highlight of this resolution concerns the dosimetry of the applicable penalty in gun jumping cases, a discussion highly present in CADE’s Tribunal rulings. From now on, the methodology for calculating the fine is established by stipulating a basic penalty, a comprehensive roll of majorants, and a discount percentage that can vary from 20 to 50%, depending on when the notification of the operation is received. The text mentioning Resolution n. 24, from July 08, 2019, can be consulted through this link.
Furthermore, Resolution n. 25, dated July 08, 2019, which disciplines the standardization of CADE’s Tribunal Commissioners’ votes, came into force. The objective of this resolution is the standardization of terms and references used in the votes, which will facilitate the research of proceedings and access to information by the general public.