Thursday, 29 November 2018, Mackenzie University, São Paulo, Brazil

Regional experts discuss the hottest topics in competition law and practice across Brazil and Latin America. GCR Live are proud to host this event on 29th November in São Paulo.

E-mail Tel: +44 20 3780 4137

Chair

Rafique Bachour

Freshfields Bruckhaus Deringer, Brussels

Rafique is a partner in Freshfields’ antitrust group where he specialises in antitrust and regulatory aspects of global M&A transactions, international cartel investigations, and other behavioural and regulatory matters. He also serves as global co-head of the firm’s industrials sector group. Rafique has extensive experience of managing parallel merger filings and other regulatory requirements around the world, including in Brazil (recently advising Suzano on its acquisition of Fibria; and RHI on its combination with Magnesita Refratarios). Rafique has an LL.M in international business law (London), is a non-governmental adviser to the International Competition Network (ICN) and lectures at King’s College, London. 

Speakers

Alejandro Faya Rodríguez

Commissioner, Federal Economic Competition Commission (COFECE), Mexico City

Barbara Rosenberg

Barbosa Müssnich e Aragão, São Paulo

Caio Mario da Silva Pereira Neto

Pereira Neto | Macedo, São Paulo

Carlos Mena Labarthe

Creel, García-Cuéllar, Aiza y Enriquez, Mexico City

Carlos Patrón

Payet, Rey, Cauvi, Pérez, Lima

Cristiane Alkmin Junqueira Schmidt

Commissioner, Administrative Council for Economic Defense (CADE), Brasília

Cristianne Saccab Zarzur Chaccur

Pinheiro Neto, São Paulo

Fernando Carreño

Von Wobeser y Sierra, Mexico City

Jason Gudofsky

McCarthy Tétrault, Toronto

Josef Drexl

Director, Max Planck Institute for Innovation and Competition, Munich

Leonor Cordovil

Grinberg Cordovil, São Paulo

Lorena Pavic

Carey, Santiago

Marcio de Carvalho Silveira Bueno

President, IBRAC, São Paulo

Marcio Soares

Mattos Filho, São Paulo

Maria Cecilia Andrade

Antitrust, Compliance and Governmental Affairs, Construtora Norberto Odebrecht, São Paulo

Maytê Ximenes

Senior Legal Counsel for Brazil and LatAm, AirBnB

Megan Gerking

Morrison & Foerster, Washington, DC

Pablo Trevisan

Commissioner, Comisión Nacional de Defensa de la Competencia (CNDC)

Rita Motta

Latham & Watkins, Brussels

Santiago del Río

Marval, O'Farrell & Mairal, Buenos Aires

Thomas Ensign

Freshfields Bruckhaus Deringer, Washington DC

Vicente Bagnoli

Professor of Competition and Economic Law, Mackenzie Presbyterian University Law School

Programme

8.30: Coffee and registration

9.00: Welcome remarks

Vicente Bagnoli, Professor of Competition and Economic Law, Mackenzie Presbyterian University Law School

9.05: Chair’s opening remarks

Rafique Bachour, Freshfields Bruckhaus Deringer, Brussels

9.15: Enforcers roundtable

Regional enforcers share their analysis of developments over the past year and plans for the future.

Moderator:
Rafique BachourFreshfields Bruckhaus Deringer, Brussels

Panel
Alejandro Faya Rodríguez, Commissioner, Federal Economic Competition Commission (COFECE), Mexico City
Cristiane Alkmin Junqueira Schmidt, Commissioner, Administrative Council for Economic Defense (CADE), Brasília
Pablo Trevisan, Commissioner, Comisión Nacional de Defensa de la Competencia (CNDC), Buenos Aires

10.00: Coffee break

10.25: Merger control in Latin America

Panellists will discuss recent trends and developments in merger control within the region, in particular, the growing use of new theories of harm by different LATAM regulators, such as coordinated and conglomerate effects and vertical theories of harm as well as the challenges in designing and negotiating remedies, coordination with foreign authorities, and how recent legislative changes - especially in Chile and Argentina - are expected to affect cross-border transactions going forward.

Moderator:
Santiago del Río, Marval, O'Farrell & Mairal, Buenos Aires

Panel:
Marcio Soares, Mattos Filho, São Paulo
Fernando Carreño, Von Wobeser y Sierra, Mexico City
Lorena Pavic, Carey, Santiago

11.35: Coffee break

12.00: Gun-jumping and information exchangewhat can be shared before a deal clears?

With the introduction of new pre-merger control regimes in a number of Latin American countries, both domestic and foreign companies have had to adjust to a new reality where various limitations apply to the interactions between parties whenever a deal is subject to merger control clearance. Global mergers have also been made more challenging by developments in this area in the EU and other jurisdictions. Global experts will discuss practical experiences offering key insights for merging companies as they plan their future integration, including: limitations on what kind of information can be shared between signing and closing, when influence on the business of the target can cross the line into gun-jumping, how to design and implement antitrust protocols and clean teams, and carve-outs, among other topics. 

Moderator:
Thomas Ensign, Freshfields Bruckhaus Deringer, Washington, DC

Panel:
Jason Gudofsky, McCarthy Tétrault, Toronto
Barbara Rosenberg, Barbosa Müssnich e Aragão, São Paulo
Rita Motta, Latham & Watkins, Brussels
Carlos Mena Labarthe, Creel, García-Cuéllar, Aiza y Enriquez, Mexico City

13.10: Networking lunch

14.20: Afternoon welcome 

Marcio de Carvalho Silveira Bueno, President, IBRAC, São Paulo

14.40: Cartel enforcement: Is leniency as attractive as it once was?

Throughout Latin America – and, indeed, the entire world – enforcers have touted the efficacy of robust leniency programmes for deterring, detecting and prosecuting cartels. However, in the face of growing follow-on litigation in various countries, questions have surfaced about whether the benefits of leniency and immunity from criminal prosecution are as attractive as they used to be. The panel will explore the intricate decision process that companies and individuals have to go through when assessing the pros and cons of immunity applications in Latin America, especially after Ecuador’s antitrust enforcer passed on confidential leniency material to the regional Andean competition agency, and, more recently, Brazil’s antitrust authority released new rules on disclosure of leniency materials to third parties. Panellists will also discuss the level of fines, exposure to criminal prosecution and the complexity of handling multiple leniency standards adopted by antitrust, anticorruption and criminal authorities when it comes to bid-rigging cases. 

Moderator:
Cristianne Saccab Zarzur Chaccur, Pinheiro Neto, São Paulo

Panel
Megan Gerking, Morrison & Foerster, Washington, DC
Maria Cecilia Andrade, Antitrust, Compliance and Governmental Affairs, Odebrecht
Carlos Patrón, Payet, Rey, Cauvi, Pérez Abogados, Lima

15.50: Coffee break

16.15: What is the role of antitrust at its intersection with consumer protection and data protection?

The intersection between antitrust, consumer rights and data protection has gained new focus with the rise of competition and consumer protection issues related to big data industries, requiring further reflection on the strengths and weaknesses of each legal subsystem. This debate gains even more importance with the emergence of new data protection rules in various jurisdictions, most notably in Europe and Brazil, while questions about unilateral conduct have permeated the globe, including as agencies scrutinise the behaviour of large tech companies. Leading practitioners will examine this complex myriad of factors, looking to address questions such as: where to draw the line between the roles of data protection, consumer protection and antitrust in the world of big data; how to collaborate most effectively with antitrust authorities, and to what extent may data increase barriers to entry and confer market power.

Moderator:
Caio Mario da Silva Pereira Neto, Pereira Neto | Macedo, São Paulo

Panel:
Maytê Ximenes, Senior Legal Counsel for Brazil and LatAm, AirBnB, São Paulo
Josef Drexl, Director, Max Planck Institute for Innovation and Competition, Munich
Leonor Cordovil, Grinberg Cordovil, São Paulo

17.25: Chair's closing remarks

Rafique BachourFreshfields Bruckhaus Deringer, Brussels

17.30: All delegates are invited to attend a drinks reception kindly hosted by Pereira Neto | Macedo and Barbosa Müssnich e Aragão

Venue

Mackenzie University, São Paulo, Brazil

Private Practitioner
Type Price Until
Super Early $400 19 Oct 2018
Early $500 16 Nov 2018
Standard $600 29 Nov 2018

IBRAC Members $300 29 Nov 2018

 

In-house/governmental
Type Price
Standard Complimentary