CADE releases an English version of its guide on antitrust remedies
Last Thursday (17 June), the Administrative Council for Economic Defense (CADE) published an English version of its Guide to Antitrust Remedies. The document is available at the agency's website for the whole international antitrust community.
This initiative is in line with the efforts of CADE's current administration to provide the international community with the Council's guiding documents, considering the increased cooperation the Council has promoted with foreign authorities and institutions over the last years.
The Portuguese version of the guide was put out in 2018 and sets forth the procedures adopted by the Council in designing, imposing, and monitoring remedies, granting its activities increased transparency and predictability.
Antitrust remedies are restrictions the Council imposes to correct the potential adverse effects of a merger or acquisition. That is, in clearing a transaction, CADE's Tribunal may impose a set of obligations to be fulfilled by the parties in order to resolve the transaction’s possible competition concerns. These measures are negotiated through a Merger Control Agreement.
Moreover, in cases where antitrust violations arise from a party’s anticompetitive conduct, a different kind of agreement is signed (a Cease and Desist Agreement), which may also include an antitrust remedy.