Post by nurnobi85 on Feb 12, 2024 6:36:56 GMT
Defended in with a variation: “In the case of simple purchase and sale of assets, that is, in the absence of integration or concentration, the revenue of the companies in the acquiring Group must be considered, taking into account CADE jurisprudence. However, it seems reasonable that this revenue only includes companies that operate in the geographic territory of the relevant market. Therefore, if the relevant market does not extend beyond the national territory to include a foreign market, the revenue of Group companies that operate outside the national territory cannot be taken”. Again, the thesis was not adopted by the Plenary. The summary of the ruling states: “the revenue of the.
Foreign group is only considered, for the purposes of knowledge, in the event that the relevant market is transnational (including the territories where the group's companies operate). Thesis not supported by the majority of the members of the Plenary”. It is important to highlight that former Councilor Dubai Email List Antônio Fonseca, in general, voted, absent the resulting concentration equal to or greater than 20%, based on knowledge only of cases in which the companies involved recorded revenues equal to or greater than R$400 million in Brazil. He justified this understanding through a teleological interpretation of the Law, since “the legislator aimed to preserve and develop effective competition.
In the national market”, and revenue must “refer to companies that, directly or indirectly, exert influence on competitive behavior, through the control of an effective player in the domestic market (our emphasis) ”. (Antônio Fonseca – AC 132/97, Claimants: Aticus Corporation and Texas Instruments, Inc.). This discussion was reopened with statements by Councilor Fernando de Oliveira Marques. In the judgment11 of AC 08012.002875/2002-99 (Regis Corporation and Gameo International Limited), Counselor Fernando de Oliveira Marques, rapporteur of the Merger Act, stated as follows: “In this case, the fact that the operation entails the simple entry of an economic agent into.
Foreign group is only considered, for the purposes of knowledge, in the event that the relevant market is transnational (including the territories where the group's companies operate). Thesis not supported by the majority of the members of the Plenary”. It is important to highlight that former Councilor Dubai Email List Antônio Fonseca, in general, voted, absent the resulting concentration equal to or greater than 20%, based on knowledge only of cases in which the companies involved recorded revenues equal to or greater than R$400 million in Brazil. He justified this understanding through a teleological interpretation of the Law, since “the legislator aimed to preserve and develop effective competition.
In the national market”, and revenue must “refer to companies that, directly or indirectly, exert influence on competitive behavior, through the control of an effective player in the domestic market (our emphasis) ”. (Antônio Fonseca – AC 132/97, Claimants: Aticus Corporation and Texas Instruments, Inc.). This discussion was reopened with statements by Councilor Fernando de Oliveira Marques. In the judgment11 of AC 08012.002875/2002-99 (Regis Corporation and Gameo International Limited), Counselor Fernando de Oliveira Marques, rapporteur of the Merger Act, stated as follows: “In this case, the fact that the operation entails the simple entry of an economic agent into.