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Publications

New code of civil procedure increased legal certainty in cases of hardship clauses

Category: Public and regulatory law

Iuri Reis   Termination of a contract due to excessive hardship calls for two requirements beyond the ones for blue-penciling: extreme advantage to the counterparty and extraordinary nature of the events...

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Abuse of the right to petition may be deemed an infringement by cade

Category: Competition

The Administrative Council for Economic Defense (CADE) recently examined two cases of abuse of the constitutional right to access the Judicial Branch with the purpose of harming competitors, a practice known as ?sham litigation?

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The 40th anniversary of the brazilian corporations law

Category: Corporate

Adriana Pallis and Paula Soncini       The Administrative Council for Economic Defense (CADE) recently examined two cases of abuse of the constitutional right to access the Judicial Branch with the purpose of harming competitors, a practice known as ?sham litigation?

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Federal airport concessions - toward the finish line

Category: Infrastructure and energy

Fabio Falkenburger and Pedro Amim       At the end of 2016, the National Civil Aviation Agency (ANAC) went forward with the bidding process for the international airports of...

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Grandfathering of collective rules

Category: Labor and employment

Ursula Mauro and Caroline Marchi       ADPF No. 323, or Action for Declaratory Relief with Respect to Breach of a Constitutional Precept No. 323, may already be scheduled for a decision by the plenary session of the Federal Supreme Court after the release of the case by reporting judge...

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Cade scrutinizes transaction that did not meet the legal criteria for mandatory notification

Category: Competition

Maria Eugênia Novis, Ursula Pereira Pinto and Beatriz Medeiros Navarro Santos    Nearly five years after the entry of Law No. 12,529/2011 (Brazilian Antitrust Law) into force, the Administrative Council for Economic Defense (CADE) recently informed that it had ordered for the first time the submission of a merger that did not meet the legal criteria for mandatory filing...

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