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Gol Azul is told to stop all public merger talks by the head of Brazil's antitrust regulatory body

Senior officials at the Brazilian antitrust regulator CADE have told Brazilian airlines Gol & Azul to stop publicly commenting on a possible merger, unless they're prepared to pursue it formally.

In an interview on Friday evening, CADE President Gustavo Augusto stated that "they should stop talking about mergers if they don't intend to pursue them or notify us formally of a merge".

CADE ordered last week that the companies formally notify it of their codeshare agreement with May 2024 for the cross-selling of tickets and integration of their loyalty programs. They were also barred from expanding the partnership on additional routes.

The order did not require that the two aviation companies provide information on a possible merger. However, Augusto's concerns about the impact of plans announced too early and then left unresolved were made clear.

Augusto stated that "when you are a publicly-traded company with a dominant position on the market, you should be cautious and concerned with your communications." "You should not announce a merger or acquisition that hasn't yet been approved by regulatory authorities."

Azul and Abra announced earlier this year that they had signed an non-binding Memorandum of Understanding to possibly combine their Brazilian operations.

Both airlines claim 90% complementarity in their routes, which CADE will need to verify if the deal goes through.

Azul responded in writing to the CADE decision on codeshare agreements and denied "gun-jumping", where firms integrate before mergers without regulatory approval.

Gol stated that codesharing was a standard practice within the airline industry, and that Gol has always respected regulatory decisions.

Both airlines refused to comment on any potential merger plans.

In recent months, top executives from both companies indicated that their restructuring processes were a priority. The airlines haven't publicly ruled out the possibility of merging.

Azul filed for Chapter 11 protection in the U.S. just a few days before Gol completed its own restructuring. Luciana Magnhaes, Brad Haynes, and Paul Simao (reporting)

(source: Reuters)