Washington – The Computer & Communications Industry Association submitted comments to Brazil’s Administrative Council for Economic Defense (CADE) on proposed revisions to Resolution No. 33/2022, the Brazilian merger notification regulation.
CCIA welcomed CADE’s proposals to simplify economic-group revenue calculations, link seller-side revenue to the business being transferred, and reduce filings involving non-controlling share acquisitions. Acquisitions are an important exit route for venture-backed startups. Notification requirements should be proportionate to their screening value and administrative burden while preserving effective review of transactions that may harm competition.
CCIA urged CADE to omit the proposed fast-track exclusions and below-threshold call-in guidance provision in their current form. Any retained provisions should require transaction-specific grounds for closer review and prevent guidance from creating notification obligations beyond those established by law. CCIA also recommended clearer control criteria and proportionate information requirements.
CCIA has advocated for a competitive technology sector for more than 50 years.
The following can be attributed to CCIA’s Vice President of Global Competition and Regulatory Policy, Krisztian Katona:
“CADE’s proposed simplifications are a welcome step toward reducing unnecessary notifications while preserving effective merger review. The final rules should define control clearly and ensure that closer scrutiny rests on transaction-specific evidence.”
