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Andrea Cruz

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Andrea Da Cunha Cruz joined the Firm in 2022. She integrates the Antitrust practice group, with focus on providing legal assistance regarding a variety of matter concerning competition law and international trade. Andrea has a wide breadth of experience in the representation of clients before the Brazilian Competition Authority (the Administrative Council for Economic Defense or CADE) in administrative proceedings regarding both cartel investigations and unilateral anticompetitive practices. She also has a wide-ranging track record of commercial transactions filed with CADE. Her practice further includes preventive counselling concerning antitrust risks involved in commercial practices and contracts; handling internal investigations; and structuring and implementing antitrust compliance programs. As to international trade, she mainly advises representatives of the national industry and Brazilian importers in antidumping and subsidy investigations.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.”

After a long legislative process, a new Brazilian Federal law on cartel damages claims was enacted and entered into force (Law No. 14.470/2022) on 17 November 2022. The statute comes with new provisions that are expected to significantly increase incentives for these lawsuits in Brazil. According to the new statute, those who suffered damages due to cartel agreements and concerted practices affecting Brazilian markets will be able to reclaim twice the value of their losses.

The National Consumer Secretariat of the Ministry of Justice of Brazil (Secretaria Nacional do Consumidor (SENACON)) has prepared a guide — the “Practical Guide for the Analysis of Price Increases of Products and Services” — focusing on guiding the authorities’ actions on the identification and characterization of abusive price increases for products and services and what measures should be taken in this case.