Luciana Martorano

Contact

martorano@martlaw.com.br
+ 55 11 956-500-555

Languages

Portuguese
English
Italian

Bio

Luciana Martorano has over 10 years of significant experience in all procedures of a competitive law, representing national and multinational companies before CADE.

Luciana has already cleared more than 70 M&A transactions submitted to CADE, and has participated in several investigations and defenses involving anti-competitive conducts (cartels, exchange of sensitive information, etc.).

She is one of the unique 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 as one of Brazil's antitrust attorneys with the best expertise and experience to advise companies in creating business strategies involving antitrust and regulatory issues related to the high-tech industry, digital economy and disruptive markets.

The increasing demand from clients acting in technology markets for consultations regarding privacy and data protection issues has led Luciana to study the various foreign laws (GDPR and US law set) and to become a specialist in the Brazilian Data Protection Law (LGPD) after taking a full course at Insper.

In addition to antitrust projects, Luciana also leads the work currently being carried out by the team involving LGPD projects demanded by Martorano Law's clients.

Select Speaking Engagements

  • Speaker at the 2nd Women in Antitrust Latin America Seminar on the panel "Gender Equality as competitive advantage", São Paulo, 2018.

  • Speaker at the GCR Live 2nd Annual Women in Antitrust on the panel "Competition & Online Platforms", Washington DC, USA, 2018.

  • Speaker at the 7th AIJA Annual Competition Conference: R&D and Innovation - Protection through or despite Antitrust Law? on the panel "Fintech and Competition Law – or: A Cartelists Dream?" Frankfurt, Germany, 2018.

  • Speaker at the Japanese Commerce Chamber on the panel "When exchanging sensitive information among competitors can be considered illegal?" São Paulo, 2018.

  • Speaker at the 1St Women in Antitrust Latin America Seminar on the panel "One-stop-shop for leniencies in Brasil", Brasília, 2018.

  • Speaker at the Global Patent Enforcement to Maximize Portfolio Value: Brazil, China, US, EU and Beyond on the panel "The interplay between the enforcement of standard-essential patents (SEPs) and antitrust/competition law", Dallas-USA, 2017.

  • Speaker at the Japanese Commerce Chamber on the panel "How to deal with private antitrust enforcement in Brazil?", São Paulo, 2017.

  • Speaker at the São Paulo Bar Annual Event (OAB/SP-CECORE) on the panel "Antitrust and the New Brazilian Civil Procedure Law", 2016.

Associations & Memberships

  • 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)

Education

Education:

  • Universidade de São Paulo (USP). Law School. Masters Degree in Corporate Law.

  • Universidade Presbiteriana Mackenzie (UPM). Bachelor of Laws, magna cum laude

  • Universidade de São Paulo (USP). Human Sciences School. Bachelor of Literature (incomplete).

  • Colégio Rio Branco. Unidade Higienópolis. From Kindergarten to High School.

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Relevant Courses:

  • International School of Law. ITS, 2019 (38 horas).

  • Insper. Proteção de Dados e Privacidade, 2019 (39 horas).

  • Economics and E-Commerce Course, Massachusetts Institute of Technology (MIT), 2014

Relevant Cases

  • 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 one of the most important players 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)

  • Pioneered in representing a Japanese client in entering into a leniency plus agreement with CADE involving an international case of cartel (2015)

  • Represented one of Brazil’s largest economic groups in the 1st 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 the cartel investigation promoted by CADE from 1996 to 2014.

  • Was one of the leading attorneys 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 acting in the market for 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 predatory price’s complex investigation against a Brazilian company involving the Brazilian market for DRAM memories (2012).

  • Represented a major Brazilian bank in the most important merger in the Brazilian banking market in the last decade (2010).

  • Participated in several negotiations of settlement and leniency agreements with CADE.

  • Defended clients in several cartel and unilateral conducts investigations.

Select Publications

  • Co-author of the article “Decisão do STJ não definiu natureza jurídica das criptomoedas”. CONJUR, 2019.

  • Author of the article: Antitrust & Standard Essential Patents at the book "Competition in analysis". Scortecci: 2018.

  • Co-author of the book Competition Law: advances and perspectives. Commemorative edition to the five years of Law No. 12,529/2011. CEDES, 2018.

  • Author of the article: Protection of luxury brands and vertical restraints: legality limits. In press.

  • Author of the book: Non-compete obligations in business contracts: from the establishment trespass to the associative contract. In press.

  • Author of the article: The leniency avalanche in the first five years of the Brazilian Antitrust Law: improvements achieved and challenges ahead. IBRAC: 2017.

  • Co-author of the book: Comments on the new antitrust law, 2012, Method.

R. Gomes de Carvalho, 621 - cjto. 709 - Vila Olímpia

04547-002 São Paulo - SP Brasil

+ 55 (11) 3842-1970

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