Antitrust, competition and trade law in Latin America

    Trade ties between Latin America and the rest of the world are becoming stronger, as shown, for example, by the increase in free trade agreement negotiations between Latin American countries and Europe. International trade developments are now of concern to almost every industry. The liberalisation of regulated industries has generated new business challenges and opportunities, which often give rise to complex legal issues. As multilateral initiatives gain ground in the antitrust arena, this is an increasingly important practice area in key Latin American economies. Our practice is well placed to respond to these and other key developments.

    Our lawyers deal with the full range of antitrust, competition, regulatory and trade issues including merger control, licensing and distribution, intellectual property, restrictive practices, market dominance, state aid, cartel investigations, liberalisation, privatisation, public procurement and trade including World Trade Organization (WTO) matters. We have particular experience advising on matters regarding trade between Latin America and the EU.

    We have more than 250 antitrust, competition and trade specialists based in 16 countries in Europe, Asia and, most recently, the US. The launch of our US antitrust practice in Washington DC has given us a strong platform to respond to the increasing internationalisation of antitrust regulation and to deliver the co-ordinated transatlantic service that our clients require. Our Brussels office is the focal point of our European practice. Our lawyers advise on all aspects of EU law, including the EU implications of transactions taking place outside the Community.

    Our work includes acting for: Latin American clients in trade disputes with other countries (particularly the EU, several Asian countries, or at WTO level); companies in trade disputes with Latin American countries; Latin American clients in antitrust/competition matters in the US, EU, and Asia; and working with local counsel on antitrust/competition matters before the competition authorities of various Latin American countries.

    For more information please refer to the section on our global antitrust, competition and trade practice.

    For further information please contact Christa Crane, business development manager.

    Recent antitrust, competition and trade projects

    Some recent examples of our antitrust, competition and trade work in Latin America include acting for:

    • Hewlett-Packard on its merger with Compaq including transactions taking place in Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Puerto Rico and Venezuela;
    • Mars on a trade mark and unfair competition dispute against Arcor, an Argentine multinational food and confectionary group;
    • a Latin American government on the Agreement on Pre-Shipment Inspections;
    • exporters from Brazil and Mexico in EU antidumping proceedings as well as other trade-related aspects of their exports to the EU;
    • several EU-based companies on the compatibility of export subsidies paid by Brazil with the Agreement on Subsidies and Countervailing Measures;
    • several EU-based companies on remedies under the Trade Barriers Regulation against illegal subsidies paid by Brazil;
    • PepsiCo, co-ordinating lawyers in Chile and Mexico, in its opposition to the Coca-Cola/Schweppes acquisition;
    • Vitro Corporativo, a Mexican glass manufacturer, on the antitrust aspects of potential mergers, acquisitions and joint ventures, including a joint venture with AFG Industries, a US subsidiary of Asahi Glass; and
    • the government of Mexico on its successful negotiation of a preferential free trade agreement with the EU and on the proposed amendments to the Dispute Settlement Understanding mechanism of the WTO.

    Contact