Luciana Martorano

Representative Matters

• Cleared more than 70 merger review proceedings before CADE, including multijurisdictional transactions
• Led the team that successfully advised a top US-based e-hailing startup in Brazil involving antitrust and regulation issues (2016-2018)
• Successfully cleared without restrictions the merger review related to the acquisition of an important player in the Brazilian market for water treatment by one of the world’s largest investors (2017)
• Assisted a major Chinese conglomerate in several worldwide acquisitions involving aviation, ground handling and air catering (2016)
• Assisted a Japanese client in entering into a leniency plus agreement with CADE involving an international cartel case (2015)
• Represented one of Brazil’s largest economic groups in the first merger control agreement signature under Law no. 12,529/2011 (2014)
• Represented the Brazilian Post Office in the acquisition of Rio Linhas Aéreas (2014)
• Participated in sensitive and complex internal investigations related to several markets, such as construction, auto parts and elevators
• Represented a major Brazilian cement company in a cartel investigation promoted by CADE from 1996 to 2014
• Led the team that successfully blocked a merger review proceeding by formally contesting a transaction involving the market for treatment and recovery of industrial waste (2013)
• Led the team that successfully closed a cartel investigation initiated by CADE against a major Brazilian company that focused on treatment and recovery of industrial and public waste (2013). This is the only case in the history that CADE has closed by accepting a motion for clarification
• Represented a Japanese client in a complex predatory price investigation against a Brazilian company involving the Brazilian market for DRAM memories (2012)
• Represented a major Brazilian bank in an important merger in the Brazilian banking market (2010)
• Participated in several negotiations of settlement and leniency agreements with CADE
• Defended clients in several cartel and unilateral conduct investigations

• "Perspectivas para o Direto da Concorrência em 2020. Informativo Migalhas," v. 4789, p. 1-13, 202, "Protección de las marcas de lujo en acuerdos verticales: Límites"
• De legalidad, "Desafíos de la libre competencia en iberoamérica," 1. ed. Santiago do Chile: Thomson Reuters, 2019, v. 1. p. 450"Proteção às marcas de luxo e restrições verticais em contratos empresariais: limites da legalidade," in: Juliana Oliveira Domingues; Pietra Daneluzzi Quinelato; Beatriz Hernandes; Rhasmye El Rafih; Aluísui de Freitas Miele. (Org.). Fashion Law – O Direito está na moda. 1ed.São Paulo: Singular, 2019, v. 1, p. 151-170
• "Decisão do STJ não definiu natureza jurídica das criptomoedas," CONJUR, 2019, co-author
• "Antitrust & Standard Essential Patents," in the book, Competition in analysis, Scortecci: 2018
• Competition Law: Advances and Perspectives, commemorative edition to the five years of Law No. 12,529/2011, CEDES, 2018, co-author
  "Protection of luxury brands and vertical restraints: legality limits," in press (2020)
• Non-compete obligations in business contracts: from the establishment trespass to the associative contract, in press (2020)
• "The leniency avalanche in the first five years of the Brazilian Antitrust Law: improvements achieved and challenges ahead," IBRAC: 2017
• Comments on the New Antitrust Law, 2012, Method, co-author

• Moderator, "Digital Competition: new markets with old problems," OAB-SP, 2019
• Speaker, "Digital Competition: Offer Personalization in Marketplaces," FGV-SP, 2019
• Speaker, "Antitrust litigation in a modern world: Competition law as a shield or a sword" and "Focus on media: how to struggle with a fast-evolving competition world," 8th AIJA Annual Competition Conference, Lyon, France, 2019
• Speaker, "Gender Equality as competitive advantage," 2nd Women in Antitrust Latin America Seminar, São Paulo, 2018
• Speaker, "Competition and Online Platforms," GCR Live 2nd Annual Women in Antitrust, Washington, DC, 2018
• Speaker, "Fintech and Competition Law – or: A Cartelists Dream?" 7th AIJA Annual Competition Conference: R&D and Innovation – Protection through or despite Antitrust Law? Frankfurt, Germany, 2018
• Speaker, "When exchanging sensitive information among competitors can be considered illegal?" Japanese Commerce Chamber, São Paulo, 2018
• Speaker, "One-stop-shop for leniencies in Brasil," 1st Women in Antitrust Latin America Seminar, Brasilia, 2018
• Speaker, "The interplay between the enforcement of standard-essential patents (SEPs) and antitrust/competition law," Global Patent Enforcement to Maximize Portfolio Value: Brazil, China, US, EU and Beyond, Dallas, 2017
• Speaker, "How to deal with private antitrust enforcement in Brazil?" Japanese Commerce Chamber, São Paulo, 2017
• Speaker, "Antitrust and the New Brazilian Civil Procedure Law," São Paulo Bar Annual Event (OAB/SP-CECORE), 2016