Head of department Eduardo Gaban is commended by clients for his experience in the market. They say: "He boasts deep knowledge of the area and is adept at discussing problems and proposing solutions."
Chambers Latin America

Overview

Eduardo Molan Gaban is the head of the Latin American Antitrust & Competition Group. With over than 18 years of experience, he is highly rated in the market by clients, peers and authorities. He has in-depth knowledge of the Brazilian regulatory regime, having spent two years as an enforcer at the Brazil’s Administrative Council for Economic Defence (CADE).

Eduardo is recognized by some of the most prestigious International publications, such as Chambers Latin America, Latin Lawyer 250, Who's Who Legal, The Legal 500 and Euromoney Expert guide as one of the leading lawyers in Brazil in his fields. 

He successfully lead complex cases with large repercussions related to mergers, national and international investigations, civil and criminal cases for cartel practices and related crimes (bid rigging, fraud, corruption, etc.). 

Eduardo has experience with complex litigation in the antitrust and civil, criminal, antitrust and intellectual property areas as well as with disputes and advocacy in regulatory affairs involving logistics and transport, aviation , energy , telecommunications and education. 

Eduardo received his bachelors and masters in Law degrees through the Pontifical Catholic University in São Paulo (PUC/SP), as well as a doctorate in law from PUC/SP – NYU (where he was a Fulbrighter).

Spoken Languages

  • Portuguese
  • English
  • Spanish

Experience

  • Represented individuals and legal entities (Defendants) in the cartel investigations on car manufacturing and auto-parts industries.
  • Represented individuals and legal entities (Defendants) in the cartel investigation (dawn raid) on the cement and concrete industries.
  • Represented individuals and legal entities (Defendants) in the cartel investigation on blood products industry.
  • Represented individuals (Defendants) in the cartel investigation (dawn raid) on the hydrogen peroxide industry.
  • Represented individuals and legal entities (Defendants) in the cartel investigation (dawn raid) on orange juice industry.
  • Represented individuals (Defendants) in the cartel investigation (dawn raid) on building maintenance.
  • Represented legal entities (Defendants) in the cartel investigation (dawn raid) on Air Insulated Switchgears (AIS) and Gas Insulated Switchgears (GIS) Industries.
  • Represented individuals and legal entities (Defendants) in the cartel investigation on liquefied petroleum gas (GLP) industry.
  • Represented individuals and legal entities (Defendants) in the cartel investigation (dawn raid) on chlorine industry.
  • Represented individuals and legal entities (Defendants) in the cartel investigation (dawn raid) of air surcharges and freight industries.
  • Represented individuals and legal entities (Defendants) in the cartel investigation (dawn raid) on the polyester resin industry.
  • Represented (at CADE) Associação NeoTV in challenging the merger between Sky and DirecTV.
  • Represented (at CADE) Associação NeoTV (Plaintiff) v. GloboSat el. al. (Defendants) - in the case of abuse of dominant position on the exclusive dealing of regional and national soccer championships.
  • Represented (at CADE) GOL Linhas Aéreas (Defendant) in a charge for predatory pricing raised by the Civil Aviation Department (DAC).
  • Represented (at CADE) the consortium lead by Santander group in the acquisition of ABN/Real group by the consortium Banco Santander Hispano/RBS/Fortis.
  • Represented (at CADE and in Courts) AMEL Energia (Camargo Corrêa group) (Plaintiff) v. Odebrecht et. al. (Defendants) - in the leading case of abuse of dominant position on the exclusive dealing of special turbines for the power plants bid of rio Madeira.
  • Represented (at CADE) Banco Itaú in the merger with Unibanco.
  • Represented (at CADE) Banco do Brasil in four acquisitions of the banks Nossa Caixa, Banco do Estado do Piauí, Banco do Estado do Espírito Santo, and Banco Votoramtin (joint venture).
  • Represented (at CADE) Marfrig group in challenging the merger between Sadia and Perdigão – which created Brasil Foods. This is the case, where CADE rendered the heaviest decision on remedies ever.
  • Represented (at CADE) MH1 Group in its R$ 2 billion sale to Pearson group in the market for language courses.
  • Represented (at CADE) Tractebel Energias Complementares in strategic processes over the acquisition of assets.
  • Represented (at CADE) Mitsui & Co., Ltd. in strategic acquisition processes, as well as in investigations of alleged antitrust violations.
  • Represented (at CADE) Marfrig group in the acquisition of the cattle slaughter business of Mercosul group (one of the leading groups of the country).
  • Represented (at CADE) families Constantino (owners of GOL Linhas Aéreas and leading on bus transportation in the country) and Soares Penido (leading of the highways concessions of the country) in the acquisition of bus companies Pássaro Marrom and Litorânea.
  • Represented (at CADE and at MERCOSUR) Associação Brasileira da Indústria do PET (ABIPET) on the leading case of competition advocacy over the Rule of Origin for Pet Pre-form.

Upcoming Events

Education

Pontifical Catholic University of São Paulo (PUC-SP), PhD, Law

LLM

Pontifical Catholic University of São Paulo (PUC-SP), BA

Admissions

Bar

  • Brazil

Memberships

  • Board Member of Executive Board of the Fulbright Commission in Brazil, 2014
  • Board Member of the Higher Council of Legal and Legislative Affairs of the Federation of Industries of the State of São Paulo (CONJUR/FIESP), 2012
  • Board Member of the Brazilian Institute of Studies in Competition, Consumer, and International Trade Affairs (IBRAC), 2010-2014
  • Vice-President of the Competition Committee of the Lawyers Institute of São Paulo (IASP), 2013
  • Member of the Competition and Regulation Studies Committee of the Brazilian Bar Association in São Paulo (CECORE/OAB/SP), 2004
  • Member of the Antitrust Committee and Trade and Law Customs Committee of the International Bar Association (IBA), 2012
  • Member of the Antitrust and Competition Committee of the International Chamber of Commerce (ICC), 2011
  • Author responsible for commenting Brazilian decisions on antitrust and competition at CADE and in Courts of e-competition, 2012
  • National Reporter of Brazil (on competition and regulation) of Consumer Unit & Trust Society (CUTS)Brazilian Bar Association - São Paulo Section (OAB/SP), 2012
  • Worked at the Administrative Council for Economic Defense (CADE), 2003-2004
  • "Gaban has leveraged his own ample experience and proven track-record on high-profile cases to ensure the 12 lawyer-strong team has continued to build on the strong foundations underpinning the department." Latin Lawyer 250 2018 - Antitrust
  • Head of department Eduardo Gaban is commended by clients for his experience in the market. They say: "He boasts deep knowledge of the area and is adept at discussing problems and proposing solutions." Chambers Latin America 2018
  • "has significant experience representing clients before the competition authorities in cartel investigations, leniency applications and settlement negotiations" Chambers Latin America 2017
  • "Practice head Eduardo Molan Gaban is ‘very reliable’, and has ‘deep expertise’ in the field" The Legal 500 2016
  • "Economic law specialist Eduardo Molan Gaban is the name to note at Tauil & Chequer Advogados in association with Mayer Brown" The Legal 500 2016
  • "Providing key support to the M&A practice is Eduardo Molan Gaban, who leads on competition work. Gaban has a growing profile in the antitrust world." "Eduardo Molan Gaban heads up competition work for the firm." Latin Lawyer 250 2016
  • "Team head Eduardo Molan Gaban is recommended." The Legal 500 2015
  • Recognized as a leading individual in the antitrust area - Chambers & Partners - Latin America - 2010, 2011, 2012, 2013, and 2014 (Molan Gaban is highly valued by clients: "He has a deep understanding of CADE's practices and is able to explain their economic consequences for companies very clearly.")
  • Recognized as "a partner commonly seen on high-profile deals and cases" - in Recommended firms on antitrust - LatinLawyer 250 – Latin America’s Leading Business Law Firms – 2010