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PÉRISSON ANDRADE E MASSARO ADVOGADOS
Office in São Paulo, serves Osasco, Brazil
Consultation Free · 15 minutes
Hourly rate R$ 1,200

Founded in 2008
10 people in their team
Portuguese
English
Italian
Périsson Andrade e Massaro Advogados é um escritório full service de São Paulo, fundado há 18 anos, que atua em todo o Brasil e no exterior. Assessoramos empresas e pessoas físicas com o mesmo padrão de qualidade, do microempresário à grande corporação. Os sócios Périsson Andrade e...
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Brazil Antitrust Litigation Legal Articles

Browse our 3 legal articles about Antitrust Litigation in Brazil with practical legal information.

Brazil Antitrust Merger Control: Guide for Foreign Buyers
Antitrust Litigation
Antitrust Merger Control in Brazil: A Guide for Foreign Buyers Acquiring a business with Brazilian operations requires navigating a strict, pre-merger notification system overseen by one of the world's most active competition authorities, the Administrative Council for Economic Defense (CADE). Failing to secure clearance before closing can halt a global... Read more →
Antitrust Compliance in Cross-Border Joint Ventures in Brazil
Antitrust Litigation
Managing Antitrust Compliance in Cross-Border Joint Ventures in Brazil Establishing a cross-border joint venture (JV) in Brazil offers immense commercial potential, but it also drops international corporations directly into one of the most sophisticated antitrust jurisdictions in the world. Brazil's competition authority, the Administrative Council for Economic Defense (CADE), actively... Read more →
CADE Antitrust Filings for Foreign Investors in Brazil
Antitrust Litigation
Executing a cross-border merger or acquisition that touches the Brazilian market requires strict compliance with local antitrust rules. Brazil's antitrust authority, the Administrative Council for Economic Defense (CADE), operates a strict, suspensive pre-merger review system. Closing a global transaction before receiving CADE's final approval can lead to severe fines and... Read more →

When a competition dispute in Osasco calls for legal action

Competition law litigation concerns conduct that may unlawfully restrict competition, such as cartel agreements, bid-rigging, exclusionary practices, or certain distribution restrictions. In Osasco, disputes may arise among manufacturers, retailers, logistics businesses, service providers, and suppliers operating in the city’s commercial and industrial economy.

Some matters call for a complaint or response before Brazil’s Administrative Council for Economic Defense (CADE); others involve a civil claim for losses or urgent court relief. CADE applies competition rules nationally, while the proper court and procedure depend on the parties, the conduct, and the relief sought. A local lawyer can assess whether the matter belongs before CADE, a state court, or a federal court.

Situations where a competition lawyer may help

  • Your Osasco business is excluded from a supplier network or sales channel, and you suspect a competitor or group of suppliers coordinated that exclusion.

  • You are asked to coordinate prices, customers, bids, or market allocation with competitors, or have received messages suggesting such coordination.

  • Your company is responding to a CADE inquiry involving sales, contracts, pricing, or communications connected to its Osasco operations.

  • Your business believes coordinated bidding affected a public contract in Osasco or the surrounding metropolitan area.

  • A dominant supplier or customer imposes conditions that may prevent your business from serving local customers or reaching the market.

Brazilian laws that may govern a competition dispute

  • Competition Law (Law No. 12,529/2011): Enacted on November 30, 2011, and effective from May 29, 2012, it establishes Brazil’s competition system and CADE’s powers. Law No. 14,470/2022, enacted on November 16, 2022, later changed rules relevant to private claims for competition-law damages.

  • Code of Civil Procedure (Law No. 13,105/2015): Effective from March 18, 2016, it governs civil proceedings, including evidence, interim measures, and appeals in court claims connected with competition disputes.

  • Consumer Protection Code (Law No. 8,078/1990): Enacted on September 11, 1990, it may apply where competition conduct also harms consumers or affects consumer rights. Its application depends on the facts and the claimant’s relationship to the market conduct.

These federal laws apply in Osasco; there is no separate municipal antitrust code that replaces them.

Frequently asked questions

Do I need a lawyer for a competition dispute?

A lawyer can assess whether the conduct may breach competition law, identify the right forum, and preserve relevant evidence. Legal advice is especially useful before responding to CADE or contacting competitors about suspected coordination.

Can I take a competition complaint directly to CADE?

Businesses and individuals can provide information about suspected violations to CADE. CADE decides whether to investigate and does not act as a private lawyer seeking compensation for an individual claimant.

Can my business sue for losses caused by a cartel or other unlawful conduct?

A person or business that can establish legally relevant harm may consider a civil damages claim. The case generally requires evidence connecting the alleged conduct to the claimant’s loss, and the applicable limitation period should be checked promptly.

Do I have to complain to CADE before filing a court claim?

Not every private claim requires a prior CADE complaint or decision. The best route depends on the evidence, the requested remedy, and whether an administrative investigation is already underway.

Which court would hear a claim connected to Osasco?

The correct court depends on the parties and the claim. A private damages case may belong in state court, while a challenge involving CADE or another federal authority may raise federal jurisdiction; territorial venue also needs case-specific review.

How much does competition litigation cost?

There is no single fixed fee for a case in Osasco. Costs can include lawyer fees, court charges, and technical or economic expert work; ask for a written fee proposal that explains what is included and how additional work is billed.

How long does a competition case take?

There is no guaranteed timetable, and court cases may take years, especially where economic evidence or appeals are involved. CADE proceedings have separate procedures and timelines, so the likely duration depends on the matter’s complexity and procedural stage.

Can a court stop the conduct before the whole case ends?

A party may ask the court for an interim measure where the legal requirements are met, including urgency and supporting evidence. The court decides whether relief is justified; it is not automatic merely because a complaint has been filed.

What evidence should I preserve?

Keep contracts, invoices, pricing records, bid documents, emails, and business messages relevant to the suspected conduct. Do not alter or selectively delete records, and ask counsel how to preserve confidential or personal information lawfully.

Can a small business bring a competition claim?

Company size alone does not rule out a complaint or claim. The business still needs a factual and legal basis, and a damages case requires evidence of harm and a connection to the conduct in question.

How is a CADE investigation different from a court lawsuit?

CADE investigates and decides whether competition rules were infringed under Brazil’s administrative system. A court lawsuit may address private remedies, such as damages or interim relief, and follows civil procedure rules.

Official resources

  • Administrative Council for Economic Defense (CADE): Brazil’s federal competition authority, responsible for investigating and deciding administrative competition matters and reviewing qualifying mergers.

  • Court of Justice of the State of São Paulo (TJSP): Provides information about state-court proceedings, case searches, and court services relevant to civil litigation in Osasco.

  • Brazilian Bar Association, São Paulo Section (OAB SP): Provides professional-regulation information and lawyer-search resources that can help when checking a lawyer’s registration and practice location.

Steps to find and hire a competition lawyer

  1. Write a short chronology. Within a day or two, record key events, parties, dates, affected products or services, and any deadlines you know about.

  2. Preserve the evidence. Save relevant contracts, messages, invoices, bid records, and pricing data promptly; avoid discussing suspected coordination with competitors.

  3. Identify the immediate risk. Note any CADE notice, court deadline, threatened contract loss, or ongoing conduct that may require urgent advice.

  4. Find suitable counsel. Over the next few days, seek lawyers who handle Brazilian competition matters and civil disputes, then verify their professional registration through OAB SP.

  5. Compare consultations and fee proposals. Ask each lawyer to explain the possible CADE and court routes, likely evidence needs, cost structure, and key risks.

  6. Agree on scope and next actions. Before work begins, obtain a written engagement covering fees, responsibilities, confidentiality, and the first filing or response deadline.

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Disclaimer:

The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.

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