CADE receives contributions on proceedings for consultations and for the analysis of mergers
The Administrative Council for Economic Defense – CADE opened a public consultation on 29 October 2014 on proposals of resolutions that discipline the Administrative Procedure to the Analysis of Mergers (APAC for its acronym in Portuguese) (Public Consultation no 06/2014 – in Portuguese), and the procedure to formulate Consultations to the antitrust agency (Public Consultation no. 05/2014 – in Portuguese).
The APAC allows CADE to i) get information to determine, in a one-year deadline, the filing of transactions that can impact competition although do not meet the legal criteria for notification (article 88 paragraph 7 of Law 12.529/2011), and ii) analyze possible mergers of compulsory notification that may have been closed before the approval of the agency (article 88 paragraph 3 of Law 12.529/2011).
The Consultation is an instrument that allows any interested party to request CADE’s Tribunal its position about the application of the competition legislation regarding specific cases.
The resolution proposals are opened to contributions until 28 November 2014. After this deadline, CADE will analyze the suggestions and will define the regulation on the subjects.
Deadline extension – The public consultation on the resolution draft aiming at create and discipline the official system of management of electronic proceedings and documents in CADE (Public Consultation no. 04/2014 – in Portuguese), opened since 1 October 2014, has been postponed to 14 November 2014.
The initiative is part of the Project CADE without Paper, which seeks to implement the Electronic Information System (SEI for its acronym in Portuguese), a free software developed by the Regional Federal Tribunal of the 4th Region.