Post by nurnobi85 on Feb 11, 2024 22:43:35 GMT -8
Involved in the operation have a share equal to or equivalent to 20% of the relevant market reached, notification will be mandatory, regardless of the revenue value. To reinforce the correctness of the exegesis that the revenue to be sized must take into account exclusively the national territory, it is worth mentioning that the majority of operations analyzed by CADE involving companies that have revenues of less than R$400,000,000.00 in Brazil did not present any impact significant in the national territory. In fact, it is quite symptomatic that SEAE's opinions have provided that mergers carried out outside the national territory, whose applicants have gross revenues globally considered to be greater than.
But revenues in the national territory less than that amount, in addition with a share of less than 20% in a relevant national market, in no way are or could be considered harmful to competition, due to the insignificance of their share and revenue in the national territory. Furthermore, it should be noted that, of the total number of concentration acts approved with some restriction by the CADE Council in Dubai Email List the last three years [2002, 2003 and 2004], only in one of them [out of a total of 67], the applicants had gross revenue in national territory and share in a relevant national market of less than R$400 million and 20%, respectively. However, the condition imposed on the approval of the operation referred.
To the mere reduction of the contractual non-competition clause to 5 years, an effective determination regardless of the effects of the operation on the competitive environment. Thus, it is possible to state that in all operations that were restricted because they produced anti-competitive effects, the revenue of companies in Brazil was equal to or greater than R$400 million, or there was market concentration above 20%. In other words, during the period analyzed, there was never any anti-competitive impact of operations between companies with revenues of less than R$400 million in Brazilian territory or that concentrated less than 20% of the relevant market involved. Consequently.
But revenues in the national territory less than that amount, in addition with a share of less than 20% in a relevant national market, in no way are or could be considered harmful to competition, due to the insignificance of their share and revenue in the national territory. Furthermore, it should be noted that, of the total number of concentration acts approved with some restriction by the CADE Council in Dubai Email List the last three years [2002, 2003 and 2004], only in one of them [out of a total of 67], the applicants had gross revenue in national territory and share in a relevant national market of less than R$400 million and 20%, respectively. However, the condition imposed on the approval of the operation referred.
To the mere reduction of the contractual non-competition clause to 5 years, an effective determination regardless of the effects of the operation on the competitive environment. Thus, it is possible to state that in all operations that were restricted because they produced anti-competitive effects, the revenue of companies in Brazil was equal to or greater than R$400 million, or there was market concentration above 20%. In other words, during the period analyzed, there was never any anti-competitive impact of operations between companies with revenues of less than R$400 million in Brazilian territory or that concentrated less than 20% of the relevant market involved. Consequently.