Relevance of the nominations: suspended deadlines now resumed
Pursuant to the Brazilian Antitrust Law (Law No. 12.529/11), CADE’s Administrative Tribunal must be composed of a president and six commissioners, all of whom serve four-year terms. However, due to the expiration of the mandate of four commissioners, the Administrative Tribunal did not have the minimum quorum of 4 members established by law to function, which led to the suspension of all procedural deadlines that could be related to the Tribunal’s activity on November 6, 2023.
In fact, the suspension affected not only the administrative proceedings under analysis by the CADE’s Tribunal, but also all the Merger Filings submitted to the authority, even the simplest ones, approved monocratically by the investigative body, the General Superintendence. Considering that, these decisions are subject to possible appeal or review by the Tribunal for a period of fifteen days, a deadline that was not running due to the suspension, they could not be considered as final and, therefore, the transactions could not be closed according to CADE’s understanding.
With the minimum quorum reestabilshed deadlines are resumed as of December 28, 2023.
About the new commissioners
Find out more about the profiles of CADE’s new commissioners:
- Diego Thomson de Andrade is a federal prosecutor at the Brazilian Attorney General’s Office. He was the Specialized Prosecutor at CADE between 2007 and 2010 and held the position of Deputy Superintendent at CADE’s General Superintendence from 2012 until he took office as Comissioner.
- José Levi do Amaral Júnior is an attorney for the National Treasury, and currently holds the position of Secretary General of the Presidency of the Superior Electoral Court. José Levi is also an associate professor of Constitutional Law at the Law School of the University of São Paulo (USP).
- Camila Pires Alves is a professor at the Federal University of Rio de Janeiro (UFRJ). She occupied the position of Deputy Chief Economist and Chief Economist of CADE from 2011 and 2013.
- Carlos Jacques is an economic law consultant at the Brazilian Senate. In this occupation, it participated in the analysis of many legislative proposals, including the one that resulted in the Brazil’s current antitrust law, approved in 2011.