Diferenças regulatórias das operações de fusões aquisições empresariais no Brasil e nos Estados Unidos

Abstract

Mergers and Acquisitions (M&A) are operations of great relevance in the global economic landscape, directly impacting market dynamics, competitiveness, and employment generation. In both Brazil and the United Stets, two of the world’s leading economic hubs, these operations influence the shape of industrial sectors, as well as the internal market structure. However, M&A operations face distinct regulatory scenarios in the two nations, with significant complexity and different treatments regarding M&A operations. As will be demonstrated throughout this research, the Brazilian legal framework, including legislation, regulatory agencies and judicial precedents, despite being well-structure and constantly evolving, showing a particularly increase in the last two decades, still presents gaps and flaws that make the market experience even more complex for entrepreneurs, investors and consumers. Therefore, this study aims to demonstrate possible points of improvement for the Brazilian legal system, taking as reference the renowned US regulatory system, which comes from a context of greater appreciation of the commercial scenario and, as consequence, a greater volume of legal instruments and practical cases for the formation of precedents that guide M&As operations in the country. For this purpose, this research used as its basis bibliographic discussions, news, and Scientific's articles of the theme of M&A operations. In this sense, this research employs the dialectical method, with the intention of promoting an analysis of the research objective as set of processes, thus, it cannot be understood in isolation