BRAZIL

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Content last updated: 11-10-2019

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  • Merger Screening

2. Establishing jurisdiction for notification of mergers

2.3 General thresholds

2.3.1 Threshold(s) for when a concentration must be notified under the general merger control regime?

Merger control filing is required when:

  • at least one of the undertakings concerned had a turnover in Brazil of at least BRL 750,000,000 in the last financial year, and one of the other undertakings concerned had a turnover in Brazil of at least BRL 75,000,000 in the last financial year.

2.3.4 Are there any circumstances where transactions falling below these thresholds may be still investigated?

The Brazilian competition authority has jurisdiction to require that any transaction be notified within one year of the closing date notwithstanding that the jurisdictional thresholds are not satisfied.

2.4 Other national thresholds for ex ante merger control (e.g. sector-specific rules)

2.4.1 Relevant thresholds for sector-specific or other ex ante merger control rules?

The following sectors are subject to additional merger legislation:

  • telecommunications;
  • insurance;
  • health insurance;
  • securities;
  • oil and gas;
  • hydro transportation;
  • aviation;
  • electricity.
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