Magalhães e Dias

Firm Details:

Managing Partner: Gabriel Nogueira Dias

Number of Managing and senior partners: 9

Number of other lawyers: 15

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

Firm Overview:

Magalhães & Dias is a traditional boutique focused on economic law and regulation with a reputation for specialized 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, having 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 for the last ten years, is recognized as an outstanding attorney and brilliant strategist both in antitrust and litigation. He was adviser to the President of CADE (1998) and has led a superlative list of complex antitrust cases in Brazil. Lucia Ancona Lopez de Magalhães is widely recognized for leading cases related to consumer and regulatory law, representing major corporations and several associations in administrative and judicial proceedings. Yi Shin Tang, besides his antitrust practice, leads the trade area of the Law Firm in cases including antidumping, countervailing duties, public interest analysis and negotiation of provisions of trade agreements. Partners Raquel Cândido, Cristiano Rodrigo Del Debbio and Hermes Oliveira, are also important names to mention in the stellar team composed of outstanding attorneys with a well-proven track record. Maria Fernanda Saab, Leonardo Peixoto Barbosa, Camila Emi Tomimatsu and Ana Luiza Sanches are the next generation of high qualified lawyers in our team.

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

The firm has offices in São Paulo and in Brasília, where the enforcement agencies and high courts are located, being well prepared to advise clients and litigate in the whole Brazilian territory.

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’ attorneys have extensive experience with cartel and restrictive practice investigations by Brazilian antitrust authorities, advising both parties and interveners.

Magalhães & Dias 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 is already a reality in Brazil. The firm also has an extensive experience advising corporations in antitrust compliance programs, audits and internal investigations for clients, which includes the most traditional Brazilian associations.

- 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 (e.g. product liability).

In addition, the firm has extensive experience with food law, advertising, unfair competition, and commercial disputes. The firm also advises several businesses and industry associations on issues related to consumer safety and standards regulation, especially regarding labelling, children’s advertising, regulatory impact analysis and food safety.

Additionally, the firm has been highly successful in challenging administrative decisions in Judiciary Courts made by Brazilian consumer protection authorities and regulatory agencies, as well as acting before different judicial and administrative bodies (such as the Federal Consumer Protection Department of the Ministry of Justice, the Consumer Protection Office — PROCON, and the National Council ofAdvertisement Self-Regulation — CONAR).

- International Trade & Customs:

Magalhães & Dias is also 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. The firm routinely assists 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.

- Clients:

The firm’s clients base includes the most important companies and traditional associations within several sectors, such as advertising, food and beverages, oil and gas, fuel distribution, chemicals, steel, mining, cement, fertilizers, ethanol, pulp and paper, machinery, electronic and domestic appliances, shopping malls, tobacco, home and personal care, health sector and online booking.