Brazil’s Competition Agency Expands Scrutiny of Exclusivity Clauses and Mergers
Since early 2022, Brazil’s Administrative Council for Economic Defense (Conselho Administrativo de Defesa Econômica, or CADE) has increasingly raised concerns over the potential anticompetitive effects of exclusive dealing arrangements and exclusivity clauses in unilateral conduct investigations and merger cases. On the other hand, CADE has reaffirmed its understanding that exclusivity clauses are not illegal, per