ECONOMIC LAW

In the field of economic law, the law firm represents its clients before the Administrative Council for Economic Defense (CADE) in administrative proceedings and filing for or challenging M&A transactions.

With extensive experience in the area of Competition Law, Malard Law Firm’s founding partner, Dr. Neide Teresinha Malard, holds a Ph.D. in Economic Law and is a former council member at CADE, having participated in several complex, prominent administrative proceedings and M&A cases.

Malard Law Firm’s associates provide consulting on the design and deployment of antitrust compliance programs, including training to officers, directors, and managers of companies, associations, and unions.
When it comes to administrative proceedings, the firm makes available full technical support to advise and follow up the case before government departments, entities, and agencies at local, state, district, and federal levels. The scope of services includes:

 

MERGER CONTROL

  • Analysis of mergers, acquisitions of control, incorporation, joint ventures and associative contracts, for the purpose of establishing the need for its submission, or not, to CADE;
  • Preparation of a legal opinion on the need or not to submit such transactions to CADE;
  • Submission of a concentration act to CADE, whether complex or with a summary procedure, with due monitoring of its process, until the publication of the final decision;
  • Negotiation with CADE in order to obtain approval of a concentration act (Concentration Control Agreements – ACC’s);
  • Elaboration and submission to CADE of Consultation about the need, or not, of presenting a certain operation;
  • Defend entities, companies or groups of companies directly affected by certain
    Administrative Proceeding for Review of Merger, aiming its rejection of the or the imposition of restrictions for its approval.

ANTICOMPETITIVE INVESTIGATIONS

  • Analysis of allegedly anti-competitive conduct, and preparation of a legal opinion on the legal feasibility of offering representation to CADE;
  • Offering representation to CADE and monitoring the Preparatory Proceeding, Administrative Inquirie for Assessment of Infringements of the Economic Order or Administrative Proceedings for Imposition of Administrative Penalties for Infringements of the Economic Order that eventually arises from such representation;
  • Negotiation of Leniency Agreements;
  • Negotiation of Cease and Desist Agreements.