Competition Law
The capitalist system of production relies on many areas of expertise and is constantly changing. Market structures change regularly, whether due to financial reasons, technological innovation, crises or even economic policy decisions. This constant change implies that the legal-economic rules are also evolving; including more industry regulation, altered national economic objectives and, above all, strengthening anti-trust and anti-corruption measures.
Neither industry nor businesspeople are immune to all these changes. Therefore, it is important that complex projects and important litigation take an increasingly holistic view of the market and its legal basis.
Cabanellos has an Economic Law department to address these issues. This area focuses on the main aspects of the capitalist system of economic accumulation, as well as studying and applying the mechanisms by which the State directly and indirectly manages the economic domain. This department allows the firm to support its clients by providing multidisciplinary expertise, especially in relation to competition, regulation and compliance.
Competition
We deal with the Administrative Board for Economic Defense (CADE) on the following activities:
- Notifying them of acts of concentration and representing and defending clients in proceedings over cartels and abuse of dominant position;
- Providing advice, legal opinions, memorandums and technical notes on anti-trust issues;
- Making leniency agreement and terms of commitment to cease conduct (TCC) proposals and negotiating the same;
- Monitoring remedial competition measures that are imposed by or negotiated with CADE;
- Producing technical studies and suggesting strategies on claims for companies suffering from anti-competitive practices;
- Assessing and mitigating the competition risks for business models, commercial policies and rollouts of new products;
- Implementing controls to manage the risks arising from anti-competitive or anti-corruption practices.
The Regulation of Business Activity
We provide strategic support to our clients on business regulation, including, among other activities, the following:
- Legal support to protect the interests of clients in different government organizations and agencies, at either the federal, state or municipal level;
- Monitoring judicial or out-of-court developments in regulated sectors, especially infrastructure;
- Working with the main sectors, including helping to decide on schemes and action plans for different areas subject to government decisions;
- Taking formal action through relevant channels and presenting memorandums and defenses in both court and administrative proceedings;
- Providing advice and drafting material for public consultations held by the regulatory agencies;
- Providing advice, legal opinions, memorandums and technical notes on sectors regulated by the government;
- Researching and analyzing the regulatory risks.
Compliance and Corporate Integrity
We also provide consultancy on designing, developing, implementing and monitoring compliance programs; in particular, those to manage the risks relating to anti-trust legislation (including the US Foreign Corrupt Practices Act (FCPA); the UK Bribery Act and the OECD’s Anti-Bribery Convention, as well as the guidelines of the Comptroller General of the Union (CGU) and the Administrative Board for Economic Defense (CADE).
