On April 25th, 2016, Cade rejected a third party’s request of access to the documents concerning negotiations of an Agreement in Merger Control (“ACC”, in Portuguese). According to Commissioner Alexandre Cordeiro Macedo, the negotiation has information of the applicants that are protected by trade secrets. The preservation of the restriction of access of third parties to such information is akin to compliance with the constitutional principle of protection of free enterprise and free competition. Thus, the Commissioner established a term for third parties to present their contribution about possible remedies to mitigate the competition issues found during the merger control proceeding and emphasized that a public version of the agreement will be made available.
2016/04/29
