MercoPress. South Atlantic News Agency

Brazilian federal judge freezes proposed tie-up of Embraer with Boeing

The Sao Paulo court said it was taking action to avoid “possible concrete acts” being taken on the aviation deal before the administration of Bolsonaro comes in

A Brazilian federal court on Thursday suspended a proposed US$ 4.75 billion tie-up between US aerospace giant Boeing and the civilian business of Brazilian plane-maker Embraer pending the government of president-elect Jair Bolsonaro taking office.

The Sao Paulo court said it was taking action to avoid “possible concrete acts” being taken on the aviation deal before the new administration comes in under Bolsonaro, who takes over on January 1.

The court added it was suspending “any concrete effect” of the Embraer board's decision over transferring commercial operations to Boeing.

Boeing and Embraer announced the deal in July. Under the terms, Boeing was to hold an 80% stake in the Brazilian company's commercial business, thus allowing Boeing to offer planes with a capacity of up to 150 seats -- a market in which it currently does not operate.

Embraer's military aircraft business was excluded to overcome Brazilian government opposition to giving up a national champion to a foreign entity.

The agreement was seen as a response to a similar strategic partnership announced in October 2017 between Boeing's European arch-rival Airbus and Canada's Bombardier.

The US firm will have operational and management control over the new venture, which will be led by a Brazil-based chief who will report to Boeing chief executive Dennis Muilenburg, the companies said in July.
The companies are creating another joint venture to promote their defense products and services, especially Embraer's KC 390, a military transport aircraft vehicle.

Embraer, the third-largest aircraft manufacturer in the world, was founded as a state group in 1969 before being privatized in 1994, although the Brazilian government retains the right to make strategic decisions for the company.

The deal, which Embraer had said it expected to be finalized by the end of 2019, was struck under Brazil's outgoing President Michel Temer.

Thursday's ruling effectively prevents Temer's government from seeing through the Boeing-Embraer deal in its final days before Bolsonaro's team takes over.