practices

» ANTITRUST AND COMPETITION LAW

Although Competition Law is a fairly new area in Brazil, it has had a strong impact on corporations and is considered one of the quickest expanding areas of practice in the world. Authorities, attorneys, corporations, teachers, all those operating in this Law area are the leaders causing said expansion. New challenges have been posed, such as prevention law practice, through compliance programs and the use of leniency as a means to restrain cartels. On the other hand, old challenges always arise, such as those which involve important and sensitive economic mergers or cartel accusations.

All lawyers at GCBA have practiced before the Brazilian System for Competition Defense, besides representing clients in competition litigations in the Judicial Power. Mauro Grinberg, senior partner, was Commissioner of the Economic Council for Competition Defense - CADE - from 1986 to 1990.

GCBA's points:

1) Defending the rights of its clients accused of committing violations established in Law nº 8884/94, such as cartels, abuse of economic power, abusive exclusivity clauses, tying arrangements, harming the entrance or arising of competitors, abusive or predatory prices, etc;

2) Representing clients who seek to defend their rights against other agents who may be committing any of the aforementioned violations of the economic order;

3) Helping clients upon the notice of mergers, acquisitions, sales, commercial partnerships or any other acts which should be submitted to the antitrust authorities, since they are typified in article54 of Law nº 8884/94;

4) Challenging monopolistic mergers or partnerships notified to the Brazilian System for Competition Defense;

5) Conducting compliance programs, by helping its clients to comply with the competition rules;

6) Providing advisory services, by explaining to our clients their questions about antitrust conduct;

7) Providing advisory services in the negotiation and execution of leniency agreements with the Secretariat of Economic Law;

8) Representation in judicial actions in connection with competition defense;

9) Representation in actions for damages caused by antitrust violations.

» INTERNATIONAL TRADE

GCBA´s team was a pioneer in representing clients in antidumping investigations in Brazil. Together, they have represented the domestic market, importers, exporters, associations, and governments in antidumping, subsidies or safeguards investigations.

Besides acting before the Ministry of Development, GCBA has experience in the representation of clients' interests before the Ministry of Foreign Relations and before authorities of other WTO members.

GCBA provides advisory services related to foreign trade and tariff changes, either directly or through partnerships with specialized agents.

» CONSUMER LAW

GCBA's practice includes, chiefly, representation of manufacturers and service providers against consumer and associations claims before the Department for the Protection and Defense of the Consumer of the Secretariat of Economic Law, Consumer Protection Agencies (PROCON), State Attorney's Office for Consumers, and the Judicial Power.

Just like in Competition Law, the prevention practice has been extremely important, drafting internal rules for companies, creating operational guides, and contract review.

» ADMINISTRATIVE LAW

GCBA advises its clients on the submission of public bids, on the preparation of the documents and legal review of bids.Moreover, we represent clients in court concerning public bids.

» ANTICORRUPTION

In parallel to the antitrust work, our clients have been, ever more, requesting programs for training their employees against corruption. Besides checking company compliance with the antitrust rules, our lawyers conduct interviews and organize courses for the purpose of protecting companies and identifying suspicious acts.