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Luciana Martorano

Partner
About

Luciana Martorano has over 15 years of significant experience in competitive law, representing national and multinational companies before CADE, the Brazilian antitrust regulator.

Luciana has cleared more than 70 M&A transactions submitted to CADE and has participated in several investigations and defenses involving anticompetitive conduct, including cartels and the exchange of sensitive information.

She is one of a few lawyers in Brazil who has participated in the negotiation and signing of leniency agreements within CADE.

On the advisory side, Luciana has extensive experience in developing antitrust risk analysis in M&A transactions and vertical restraint practices in addition to developing, training and implementing corporate compliance programs, helping companies avoid or mitigate financial losses and remedy antitrust exposure.
In recent years, the market has recognized Luciana for her experience in advising companies in creating business strategies involving antitrust and regulatory issues related to the high-tech industry, digital economy and disruptive markets.

DLA Piper and Campos Mello Advogados (CMA) are separate and independent law firms, which work in cooperation with one another. Partners of DLA Piper are not partners of CMA; and CMA partners are not partners of DLA Piper.

 
Bar admissionsSao Paulo, Brazil

EXPERIENCE

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
Languages
  • Portuguese
  • English
  • Italian
Education
  • Master's degree in Corporate Law, Universidade de São Paulo (USP). Law School., 2013
  • B.A.,Universidade Presbiteriana Mackenzie (UPM)., 2009
    magna cum laude

  • Bachelor of Literature, Universidade de São Paulo (USP). Human Sciences School.,2004 (Undergraduate) 

Awards

  • The Legal 500 Latin America
    2021 - Recommended, Brazil Corporate and M&A

Publications

  • "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

Seminars

  • 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

Memberships And Affiliations

  • OAB-SP
  • Secretary of the Brazilian Bar Association Commission for Competition Studies and Economic Regulation (CECORE OAB-SP)
  • Instituto Brasileiro de Estudos de Concor­rência, Consumo e Comércio Internacional (IBRAC)
  • American Bar Association (ABA) – Antitrust Section
  • Woman in Competition, Latin America
  • American Bar Association (ABA) – Antitrust Section
  • Woman at Competition, Europe
  • Singularity University (Fellow Associate)

Connect

Phone

+55 11 3077 3500
(Work, São Paulo (Cooperation Firm))