The Administrative Council of Economic Defense (“CADE”) held on October 16 and 30, 2019 its 147th and 148th trials. Those were the first trials conducted by the newly inducted Commissioners Sergio Ravagnani, Lenisa Prado and Luiz Hofmann. ​We highlight two cases decided on the period. ​ 1. The charging of a “safety fee” on customs storage market. ​Investigation No. 08700.005418/2017-84 ​Defendant: Tecon Suape S.A. ​Reporting Commissioner: Paulo Burnier da Silveira ​ The claim is related to an alleged abuse of dominant position by the Defendant, a Terminal Operator in the Port of SUAPE, Pernambuco, and provides services, as a monopolist, on

On November 5, 2019 the Brazilian Superior Court of Justice (“STJ”) decided a case that not only outlined rural producers’ judicial recovery, but also the course of credit market in the segment. The decision of Justice Luis Felipe Salomão solved the case after split decision between Justice Marco Buzzi and Justice Raul Araújo of the 4th Group. STJ’s final decision in the case (Recurso Especial No. 1,800,032/MT) was that credits originated before rural producers’ due registry in the Commercial Registry are subjected to the judicial recovery procedure. ​ Rural producers’ judicial recovery is a source of debate in the legal

The Brazilian President has decided to issue a Provisional Measure No. 863/2018 (“MP”) to modify some important provisions of the Brazilian Aeronautical Code (“CBA”). The MP was published in the Brazilian Official Gazette on December 13, 2018, with immediate effects. It implements substantial changes to the national aviation market, as it allows up to 100% of foreign shareholding in Brazilian airlines companies. ​ According to the new wording of CBA’s article 181, airline services will be performed by airlines companies duly incorporated in Brazil, with headquarters and administration in the country, through concession or authorization. Paragraphs and items of this

Brazil has enacted a law about sports betting, which was published on December 13, 2018. Sport bets were already present in Brazilians routine, gaining prominence in the FIFA World Cup and football championships. However, this presence was considered marginal in the national territory, since it was not regulated and collided with the image of gambling, which is illegal since Decree Law No. 9,215/1946. Therefore, sports betting has the potential to consolidate as a relevant – and lawful – practice in Brazil. ​ Sports betting is a multi-billion-dollar market around the globe. The new flexible Brazilian law is aligned with the

The Administrative Council of Economic Defense (CADE) published last Wednesday (September 5), Resolution No. 21/2018 about the publicity of documents and information of administrative procedure, to promote antitrust damages actions in Brazil. New guidelines were defined for disclosure of documents from leniency agreements, settlement agreements in antitrust cases and search and seizure procedures. ​ According to the resolution by CADE, the documents and facts contained in administrative procedures will be generally considered as public, to support civil and criminal proceedings, being available in the right procedural phase, as referred in the Resolution. Nevertheless, there are expressly exceptions indicating documents and facts

The privacy and commercial use of personal data have been trending topics since recent incidents involving data breach, leakage and cyber attacks. On August 14, 2018, the Brazilian Data Protection Law was enacted (Law No. 13,709/2018) and will be in force in February 2020. Based on the European Union General Data Protection Regulation (“GDPR”), the Brazilian law seeks to protect the privacy of citizens. ​ The law evidences that the collection/acquisition of data will have to be explicitly allowed by the individual. In addition, the consent is not only for providing the data but also for its use. The individual