Firm / Organisation

Magalhães e Dias

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Number of Managing and senior partners: 6
Number of other lawyers: 23

Firm Overview:
Magalhães & Dias is a traditional boutique focused on antitrust law and economic regulation with a reputation for specialised knowledge, attention to detail and top-rate client service. Carlos Francisco de Magalhães, the firm’s founding partner, is a pioneer in antitrust in Brazil and has been appointed to take part in all relevant governmental commissions related to antitrust in the past 30 years.

Gabriel Nogueira Dias, the firm’s managing partner, is recognised as an outstanding attorney and brilliant strategist. He was adviser to the President of CADE (1998) and has led the most complex antitrust cases in Brazil in the past. Fabio Nusdeo is an expert in an arbitration and antitrust law and is an esteemed scholar from the University of São Paulo. He is part of a stellar team composed of outstanding lawyers with a well-proven track records.

The firm comprises 24 lawyers with four permanent in-house economic advisers. It has the largest team in Latin America fully dedicated to antitrust, competition law and economic regulation.

Since 2016, Lucia Ancona Lopez de Magalhães Dias (consumer law, advertising and marketing law and litigation), Francisco Niclós Negrão (international trade and antitrust), and Cristina Bertaco (civil litigation) also became partners at the firm.

In addition to its permanent staff, the firm partners with a selected and diversified team of consultants and advisers in antitrust, industrial organisation, antidumping, consumer protection and regulation composed of top level Brazilian economists.

The firm has offices in São Paulo and in Brasília, where the enforcement agencies and high courts are located, to provide full support to clients.

Main Areas of Practice:

Antitrust/Competition:
The firm has a proven track record in securing or challenging clearance in Brazil for the most complex mergers, acquisitions, and joint ventures of recent years. Magalhães e Dias’ lawyers have extensive experience with cartel and restrictive practice investigations by Brazilian antitrust authorities, advising both parties and interveners.

The firm is responsible for a substantial number of cease and desist agreements signed with CADE, including the first administrative cease and desist agreement involving cartel practices (cement sector) under Article 53 of Law 8.884/94 (former Brazilian antitrust law).

The firm is a pioneer and a leading player in conducting cases before courts concerning complex competition law cases, class actions, and advising clients on appeals against decisions from CADE, Regulatory Agencies or State or Federal Prosecutors. The increase of Brazilian investigations by antitrust authorities and regulatory agencies of possible cartels and restrictive practices indicates that appeals to the Judiciary related to competition law will grow at a rapid pace. The firm also has an extensive experience advising corporations in antitrust compliance programs and preventive measures. The firm has unique experience in conducting audits and internal investigations for clients.

Consumer Law & Private Litigation:
The firm is one of the best prepared law firms in Brazil in these areas, providing clients with all inclusive services — from legal advice on marketing, promotions advertisement — labelling and commercial policy to full class action litigation. The firm offers full assistance on recall cases, handling the administrative work before regulatory and consumer agencies, investigations before the Public-Attorney’s Office and individual consumer litigation.

In addition, the firm has extensive experience with unfair competition, commercial disputes and corporate controversies (contractual or equity-related). The firm also advises several businesses and industry associations on issues related to consumer safety and standards regulation, especially regarding labelling, children’s advertising and food safety.

Additionally, the firm has been highly successful in challenging administrative decisions in Judiciary Courts made by Brazilian competition defence authorities and regulatory agencies, as well as actions relating to investigations of anticompetitive practices and consumer defence problems. The firm has great experience acting before different judicial and administrative bodies (such as the Consumer Protection Department of the Ministry of Justice, the Consumer Protection Office — PROCON, and the National Council of Self-Regulation of Advertising — CONAR).

International Trade & Customs:
Magalhães & Dias is a pioneer in the practice of trade remedy investigations, assisting national and international clients in negotiations and disputes before the competent authorities, ranging from antidumping to safeguard and subsidies investigations, including the recent public interest assessments that may suspend trade remedies.

By developing a deep knowledge of the technical aspects of each market and the investigated products, the firm has been highly successful in advising domestic producers, importers and exporters in pursuing innovative legal strategies. Magalhães & Dias routinely assist clients regarding matters concerning WTO agreements, tariff and non-tariff barriers, customs, international trade litigation, permanent or temporary requests to alter the Mercosur Common External Tariff (CET), inclusion or exclusion of products in Brazil’s List of Exceptions to the CET, assistance in the negotiation of provisions of trade agreements, among others.

Languages:
Portuguese, English, German, Spanish, French, Italian.

Clients:
The firm’s clients base includes the most important companies within several industries, such as food and beverages, oil and gas, fuel distribution, steel, mining, cement, telecommunications, fertilizers, ethanol, pulp and paper, beauty and household care, machinery, electronic and domestic appliances, shopping malls, tobacco, home and personal care and online bookings.