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Important Basic Information on Investing in Brazil


IX - ANTITRUST

Companies operating in the Brazilian market are subject to the authority of the Brazilian Antitrust System (SBDC). Foreign investors intending to perform mergers, acquisitions, consolidations, joint ventures or other types of business combinations must report the act to the Administrative Economic Defense Council (CADE) for approval, regardless of whether or not the purpose is to exercise any degree of control over a certain market. Only the SBDC can make such a judgment.

Companies whose revenues total 400 million Reais or more that intend to invest in Brazil through one of the operations listed above must also report the operation to the antitrust authorities.

Failure to meet the deadlines for filing the documents with the CADE will be subject to a heavy fine. The reporting deadline is 15 days after the first binding document signed by the parties.

The CADE may approve the operation or recommend that the parties undertake to fulfill certain conditions, especially to meet qualitative or quantitative targets by a certain time.

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