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Comment: CADE ruling on Jusbrasil-Digesto clarifies merger notification rules for investment funds in Brazil

By Ana Paula Candil ( March 22, 2024, 20:15 GMT | Comment) -- In determining that Jusbrasil and Digesto failed to promptly notify their transaction, the Brazilian competition authority has clarified its interpretation of merger notification rules, especially concerning the role of investment funds in revenue threshold calculations. The Tribunal of the Administrative Council for Economic Defense, or CADE, decided to distinguish between situations where the investment fund is directly involved, like being a merger applicant, and those where it has an indirect role, such as holding a stake in a merger applicant.In determining that Jusbrasil and Digesto failed to promptly notify their transaction, the Brazilian competition authority has clarified its interpretation of merger notification rules, especially concerning the role of investment funds in revenue threshold calculations....

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