Minimum quorum at CADE’s Tribunal re-established

On December 27, 2023, the minimum quorum at the Tribunal of the Administrative Council for Economic Defense (“CADE”) was re-established, as per decree sanctioned by Brazil’s president, and published in the Federal Official Gazette of Brazil.

Only the new commissioner Diogo Thomson de Andrade took office, which is sufficient to re-establish the minimum quorum required.

Consequently, all suspended procedural deadlines of CADE’s Tribunal were resumed, especially the 15-day period for confirming the approval of transactions previously reviewed by CADE’s General Superintendence.

The new commissioners of CADE’s Tribunal are:

• Camila Cabral Pires Alves, who held the position of chief economist at CADE in 2013;
• Carlos Jacques Vieira Gomes, who was an Economic Law consultant to the Brazilian Federal Senate and is a specialist in Competition Law, having participated in the drafting of CADE’s current law;
• Diogo Thomson de Andrade, who has worked at CADE since 2007, and left his position as deputy general superintendent at CADE’s General Superintendence; and
• José Levi Mello do Amaral Júnior, who has worked as attorney for the National Treasury since 2000, former federal attorney general, and associate professor of Constitutional Law at the Law School of Universidade de São Paulo (“USP”).

The term of office of the new commissioners is four years, and reappointment is prohibited.

Demarest’s Competition team is available to provide any further clarifications that may be necessary.