Antitrust Law In Brazil

Author : Eduardo Molan Gaban,Juliana Oliveira Domingues
Publisher : Kluwer Law International B.V.
Page : 448 pages
File Size : 48,5 Mb
Release : 2011-12-05
Category : Law
ISBN : 9789041142948

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Antitrust Law in Brazil by Eduardo Molan Gaban,Juliana Oliveira Domingues Pdf

This book highlights the case of Brazil, a major economic player among developing countries. In seventeen years of enforcing the Brazilian Antitrust Law, Brazil’s Administrative Council for Economic Defence (CADE) has achieved outstanding results and has been recognized as the most effective antitrust enforcement agency in the developing world. This book is the first to describe and analyse the workings and case law of the CADE, emphasizing the agency’s fundamental methodology and focusing on the contributory roles of such factors as the following: mechanisms and procedures of enforcement of the Antitrust Law in Brazil; methodologies (tests) used for antitrust assessment (for merger and conduct controls); evaluation of barriers to entry and rivalry in analysed markets; assessment of proof and circumstantial evidence within CADE case law and court decisions; examination of rational justifications for practices under investigation; legality of exchange of information; leniency agreements; cease and desist agreements; cultural issues and modifications; civil and criminal enforcement; private damages considerations; and the role of international and regional competition law regimes (OECD, UNCTAD, WTO, ICN, Mercosur). The book’s consolidated research on Brazil’s cartel investigations clearly describes the main defence theories and the courts’ decisions. The authors also explore the relationship of Brazil’s antitrust law to the country’s public policies in the areas of consumer rights, public procurement, and measures against corruption, with special emphasis on the synergies arising from antitrust law and consumer protection. It is worth noting that the studies carried out in this book discussed Law No. 8884/94 (Brazilian Antitrust Law) and the New Brazilian Antitrust Law, which was passed on 5 October 2011 and which will be enforced in 2012. With its unique synthesis of constitutional law, comparative antitrust law, and CADE’s case law, this book will be welcomed by competition lawyers and other parties interested in methods and procedures used in merger and conduct control, and especially in anti-cartel enforcement, in developing countries.

Author : José Inácio Gonzaga Franceschini,Eduardo Molan Gaban,Marcos Paulo Amorim
Publisher : Kluwer Law International B.V.
Page : 200 pages
File Size : 52,6 Mb
Release : 2017-04-24
Category : Law
ISBN : 9789041187581

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Competition Law in Brazil by José Inácio Gonzaga Franceschini,Eduardo Molan Gaban,Marcos Paulo Amorim Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of competition law and its interpretation in Brazil covers every aspect of the subject – the various forms of restrictive agreements and abuse of dominance prohibited by law and the rules on merger control; tests of illegality; filing obligations; administrative investigation and enforcement procedures; civil remedies and criminal penalties; and raising challenges to administrative decisions. Lawyers who handle transnational commercial transactions will appreciate the explanation of fundamental differences in procedure from one legal system to another, as well as the international aspects of competition law. Throughout the book, the treatment emphasizes enforcement, with relevant cases analysed where appropriate. An informative introductory chapter provides detailed information on the economic, legal, and historical background, including national and international sources, scope of application, an overview of substantive provisions and main notions, and a comprehensive description of the enforcement system including private enforcement. The book proceeds to a detailed analysis of substantive prohibitions, including cartels and other horizontal agreements, vertical restraints, the various types of abusive conduct by the dominant firms and the appraisal of concentrations, and then goes on to the administrative enforcement of competition law, with a focus on the antitrust authorities’ powers of investigation and the right of defence of suspected companies. This part also covers voluntary merger notifications and clearance decisions, as well as a description of the judicial review of administrative decisions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Brazil will welcome this very useful guide, and academics and researchers will appreciate its value in the study of international and comparative competition law.

Author : Eduardo Molan Gaban,Juliana Oliveira Domingues
Publisher : Unknown
Page : 0 pages
File Size : 49,7 Mb
Release : 2013
Category : Antitrust law
ISBN : 9041141421

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Brazilian Competition Law by Eduardo Molan Gaban,Juliana Oliveira Domingues Pdf

Brief History of the Brazilian Competition Law and Policy --The Methodology for the Antitrust Analysis --Control of Structures (Merger Control) --Control of Behaviours (Antitrust Violations) --In the Multilateral and International Plan --Bilateral, Regional, and National Scopes --Tools and Incentives Available for Evidence/Proof Collection --Private Damages --Competition and Intellectual Property (IP).

Author : Maria Fernanda Caporale Madi
Publisher : Kluwer Law International B.V.
Page : 224 pages
File Size : 44,5 Mb
Release : 2020-10-09
Category : Law
ISBN : 9789403526515

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Regulating Vertical Agreements by Maria Fernanda Caporale Madi Pdf

Vertical agreements represent a variety of supply and distribution contracts involving different market players, such as suppliers of diverse inputs, manufacturers, distributors and retailers. They gain particular significance in a global economy where technological advances are dynamic and are changing all the time. Such agreements are signed among businesspeople on a daily basis, and antitrust experts around the world are often asked to advise on whether they have any negative impact on competition or whether they infringe antitrust law. Taking into consideration the complex economic impacts of these vertical alliances, and the different market conditions that firms face in a wide variety of situations, the author proposes an in-depth examination of the following topics: resale price-fixing; geo-blocking clauses; exclusive and selective distribution systems; the concept of ‘economic efficiency’ in the context of vertical restraints; self-assessment of potential anticompetitive effects and antitrust risks; ex post control of vertical restraints; digital economies and its policy impact; alternative enforcement models under various institutional frameworks; the role and influence of political pressure groups. The book offers very constructive theoretical and political insights at the frontier between the disciplines of Economics and Law. By comparing two world’s leading antitrust jurisdictions, this book explores the lessons to be learned from the legal rules in the European Union and in Brazil, considering their promises and drawbacks, and formulates policy recommendations.

Author : OECD,Inter-American Development Bank
Publisher : OECD Publishing
Page : 404 pages
File Size : 44,7 Mb
Release : 2006-10-20
Category : Electronic
ISBN : 9789264015142

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Competition Law and Policy in Latin America Peer Reviews of Argentina, Brazil, Chile, Mexico and Peru by OECD,Inter-American Development Bank Pdf

Contains the results of peer reviews of the competition law and policies of Argentina, Brazil, Chile, Mexico, and Argentina.

Author : Julián Peña,Marcelo Calliari
Publisher : Kluwer Law International B.V.
Page : 613 pages
File Size : 42,8 Mb
Release : 2016-02-18
Category : Law
ISBN : 9789041168955

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Competition Law in Latin America by Julián Peña,Marcelo Calliari Pdf

In the past few years Latin American countries have taken giant steps to reposition their competition authorities in the global antitrust arena, granting them much greater autonomy both domestically and internationally. This is the first book to offer an in-depth analysis of this complex scenario. At the heart of the presentation are seven chapters detailing the competition regimes of the most active national jurisdictions in the region - Argentina, Brazil, Chile, Colombia. Mexico, Peru, and Uruguay. Written by practicing experts with considerable hands-on experience in their respective countries, each of these chapters provides a comprehensive description and explanation of the evolution, current state, and prospects for antitrust in the country. Preceding these country-by-country analyses are more general chapters on the use of economic analysis and on the special field of the information and communications technology industry, as well as chapters on the working of competition law in countries with regulated markets and in the cluster of Central American countries. Topics addressed encompass the following and more: • relevant institutions and legislation; • cartel investigations; • unilateral conduct policies; • merger review; • international coordination; • enforcement; and • remedies. Each chapter includes analysis of relevant case law, allowing the reader to gauge the positions, views, and tendencies of each competition law regime. The authors also pay attention to the specificities and idiosyncrasies that are so important for a correct understanding of the practical realities of competition policy and enforcement. With its wide-ranging and in depth-approach, this book provides an incomparable analysis of a challenging region poised to become increasingly important in the international recognition and enforcement of antitrust law. It is in this sense an essential guide for lawyers, economists, corporations, academics, and government officials interested in understanding where competition law is, and where is it is going to, in Latin America.

Author : Marco Botta
Publisher : Kluwer Law International B.V.
Page : 442 pages
File Size : 54,8 Mb
Release : 2011-01-01
Category : Law
ISBN : 9789041134028

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Merger Control Regimes in Emerging Economies by Marco Botta Pdf

When emerging economies draft competition law and begin to enforce it, they usually draw on the EU and US competition law systems. However, significant country-specific legal and practical variations tend to arise quickly, making it imperative for international business lawyers to acquire more than a passing knowledge of competition legislation and relevant case law in these countries. Now for the first time a thoroughly researched book provides an in-depth empirical analysis of the legal problems raised for competition, and especially for merger control and its enforcement, in emerging economies, using a case study approach in the Brazilian and Argentinean contexts to reveal paradigmatic trends. Brazil and Argentina are chosen not only because they are among the major trading jurisdictions in the developing world, but also because they have each established a track record of over a decade in formulating and enforcing a system of merger control. The author describes and analyses all Brazilian and Argentinean legislation in the field of competition law, as well as the main merger decisions adopted by the competition authorities and the judgements held by the courts of these countries. The book thoroughly covers the system of competition law currently enforced in each country, as well as the main innovations of proposed new competition law currently pending in Brazil. In addition, the author draws on field interviews with competition lawyers and officers of competition authorities conducted between April and July 2008 in Buenos Aires, Brasilia, and São Paulo. The analysis considers such issues as the following: y impact of M & As on the level of competition in the markets of developing countries; y enforcement of competition law and the judiciary; y criteria for notification of economic concentrations; y application of econometric tests to define the relevant market and the degree of market concentration.

Author : Priscila Brolio Gonçalves
Publisher : Editora Singular
Page : 562 pages
File Size : 51,5 Mb
Release : 2021-10-10
Category : Law
ISBN : 9786586352078

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The future of antitrust by Priscila Brolio Gonçalves Pdf

The book has been organized in five sections. The first one deals with goals of antitrust law and policy in the digital area, as well as legal tools and economic analysis. Authors discuss the inclusion of objectives beyond economic welfare in competition policies in the US, Europe and Brazil; consumer choice under the consumer welfare standard; the revival and the role of behavioral economics in antitrust; particularities (or not) of competition in digital markets and multi-sided digital platforms; and data protection (in opposition to data itself) as a potential valuable tool to antitrust analysis. The second Section of the book is dedicated to merger control, including articles for and against the adjustment of notification thresholds in Brazil; the question about scrutinizing killer acquisitions; the discussion concerning the need of a "new merger analysis" for digital markets; bankruptcy and a screening test for failing firm defense; and trends based in CADE's caselaw, including relevant market definition, complexity declaration, associative agreements, the health industry and the very recent Boeing-Embraer case. The third Section is about behavior control and is divided into three chapters, beginning with papers applicable to all types of conducts. Contributors discuss tendencies and modifications in the antitrust analysis of competitive behavior in digital markets, and procedural flaws and how to correct them. Among horizontal behavior, authors analyze price algorithms, labor related practices such as wage fixing and non-poaching agreements, hub and spoke infringements and exchange of sensitive information. The reviewing of consequences and concerns related to the hypothetical knock out of a leniency agreement closes this chapter. Among unilateral conducts, articles approach trends based on recent CADE's precedents, and specific practices such as on-line bans, geoblocking and geopricing, bundled payments in the health care industry and the Google shopping case. Section four is dedicated to competition advocacy and antitrust policy in specifically regulated markets. Authors deal with CADE's role in the pandemic; new regulatory proceedings issued by the Secretariat of Economic Law (SEAE); clauses constraining market shares in public biddings; competition policy in the cryptocurrency market; open banking; and competition in the Brazilian payments industry. Last but not least, Section five approaches antitrust litigation, ranging from private actions for antitrust damages – the relation between public enforcement and private actions; perspectives; disclosure of relevant materials and information, including in connection to leniency agreements; pass-on-defense – to arbitration in antitrust disputes and specialized courts. The final result is a very important and interesting book, comprising high valued opinions and personal views on a vast set of contemporary subjects. We congratulate all contributors and hope readers enjoy this journey!

Author : OECD,Inter-American Development Bank
Publisher : OECD Publishing
Page : 65 pages
File Size : 52,8 Mb
Release : 2008-03-18
Category : Electronic
ISBN : 9789264042001

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Peer Reviews of Competition Law and Policy in Latin America A Follow-up: Argentina, Brazil, Mexico and Peru by OECD,Inter-American Development Bank Pdf

Author : Eleanor M. Fox,Harry First,Nicolas Charbit,Elisa Ramundo
Publisher : Unknown
Page : 218 pages
File Size : 45,8 Mb
Release : 2016
Category : Antitrust law
ISBN : 1939007534

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Antitrust in Emerging and Developing Countries by Eleanor M. Fox,Harry First,Nicolas Charbit,Elisa Ramundo Pdf

Author : Eleanor Fox,Daniel Sokol
Publisher : Bloomsbury Publishing
Page : 522 pages
File Size : 49,7 Mb
Release : 2009-08-05
Category : Law
ISBN : 9781847315298

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Competition Law and Policy in Latin America by Eleanor Fox,Daniel Sokol Pdf

This book offers an unparalleled analysis of the emerging law and economics of competition policy in Latin America. Nearly all Latin American countries now have competition laws and agencies to enforce them. Yet, these laws and agencies are relatively young. The relative youth of Latin American competition agencies and the institutional and political environment in which they operate limit the ability of agencies to effectively address anti-competitive conduct. Competition policy is a tool to overcome anti-market traditions in Latin America. Effective competition policy is critical to assisting in the growth of Latin American economies, their global competitiveness, and improving the welfare of domestic consumers. This book provides new region specific insights on how to better achieve these aims. This authoritative volume will be of particular interest to competition agencies, academics in law, economics and Latin American Studies, practitioners around the world in the areas of antitrust and competition policy, policymakers, and journalists.

Author : Silvia Fazio
Publisher : Kluwer Law International B.V.
Page : 698 pages
File Size : 44,8 Mb
Release : 2015-09-14
Category : Law
ISBN : 9789041168290

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Brazilian Commercial Law by Silvia Fazio Pdf

Brazil's power to attract international investors has become irresistible. Large-scale economic development, massive infrastructure projects, substantial agribusiness and commodities markets, and newly discovered oil and natural gas resources-combined with improvements in social standards and a consolidation of democratic institutions-have spearheaded the emergence of Brazil as a formidable global economy challenging the developed nations. This is the first book in English to provide a detailed guide to the ways into and around the Brazilian economy. Thirty seven leading Brazilian practitioners describe and interpret laws and regulations governing business set-up procedures, transactions, contracts, financing, taxation, securities, intellectual property, real estate, dispute resolution, environmental protection, labor, insolvency, competition, trade remedies, anti-corruption, private funds and insurance. They explore every issue likely to be important to investors, including the following: • competition, mergers and acquisitions, joint ventures; • contractual clauses, statutory requirements on specific agreements; • tax incentives available for infrastructure projects; • listing and offering requirements in capital and securities markets; • licensing, franchising, and other intellectual property agreements; • civil proceedings, arbitration, and the mechanisms of dispute resolution; • the structure of the Brazilian judiciary system; • rules on conflicts of law and competence of jurisdiction; • real property acquisition and development; • environmental liabilities; • forms of employment and employment contracts; • insolvency and bankruptcy proceedings; • trade remedy system; • anti-corruption legislation; • private equity, venture capital and investment funds; and • insurance and re-insurance. Taking the point of view of a commercial lawyer required to draft and negotiate agreements governed by Brazilian law, each author contributes particular expertise to this incomparable resource for potential and actual investors in Brazil and their counsel. Thoroughly up-to-date in its exploration and understanding of the legal transformations that are taking place in Brazil, this book will be invaluable to corporate lawyers, investors, academics, and policymakers interested in Brazil's role in the global economy.

Author : Fabrizio Cugia di Sant'Orsola,Fabrizio Cugia,Rehman Noormohamed,Denis Alves Guimarães
Publisher : Unknown
Page : 0 pages
File Size : 49,8 Mb
Release : 2014-12
Category : Antitrust law
ISBN : 904115146X

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Communications and Competition Law by Fabrizio Cugia di Sant'Orsola,Fabrizio Cugia,Rehman Noormohamed,Denis Alves Guimarães Pdf

Introducing Diversity in EU Merger Control /Yvan Desmedt & Philippe Laconte --Summary of Recent U.S. Enforcement Decisions in Communication/Entertainment Industry Transactions /Ilene Knable Gotts --Competition and Regulatory Aspects of Convergence, Takeovers and Mergers in the Communications and Media Industries /Thomas Janssens & Joep Wolfhagen --Brazil's Antitrust and Regulatory Reviews of TIM/Telefónica: Lessons Learned /Ana Paula Martinez & Alexandre Ditzel Faraco --Changes in the Global Telecommunication Market and Its Implications in Brazil /Gesner Oliveira & Wagner Heibel --Mergers in the Canadian Communications Sector: An Increasingly Curious Situation /Lorne Salzman --In Search of a Competition Doctrine for Information Technology Markets: Recent Antitrust Developments in the Online Sector /Jeffrey A. Eisenach & Ilene Knable Gotts --The Internet of Things in the Light of Digitalization and Increased Media Convergence /Anna Blume Huttenlauch & Thoralf Knuth --Dynamic Markets and Competition Policy /Bernardo Macedo & Sílvia Fagá de Almeida --Recent Antitrust Developments in the Online Sector/ Federico Marini-Balestra --Mobile Payments and Mobile Banking in Brazil: Perspectives from an Emerging Market /Márcio Issao Nakane, Camila Yumy Saito & Mariana Oliveira e Silva --Internet of Things: Manufacturing Companies Industry and Use of 'White Spectrum': Ghost in the Machine? /Kurt Tiam & Andy Huang --Competitive Aspects of Cloud-Based Services /Fabrizio Cugia di Sant'Orsola & Silvia Giampaolo --Standard-Essential Patents and US Antitrust Law: Light at the End of the Tunnel? /Leon B. Greenfield, Hartmut Schneider & Perry A. Lange --IP and Antitrust: Recent Developments in EU Law /Miguel Rato & Mark English --Antitrust Cases Involving Intellectual Property Rights in the Communication and Media Sector in Brazil /Barbara Rosenberg, Luis Bernardo Cascão & Vivian Terng --Patents Meet Antitrust Law: The State of Play of the FRAND Defense in Germany /Wolrad Prinz zu Waldeck und Pyrmont --The Role of Privacy in a Changing World /Chris Boam --The Transatlantic Perspective: Data Protection and Competition Law /Pamela Jones Harbour --Power over Data: Brazil in Times of Digital Uncertainty /Floriano de Azevedo Marques Neto, Milene Louise Renée Coscione & Juliana Deguirmendjian --Big Data and the Cloud: Privacy and Security Threats of Mass Digital Surveillance? /Lyda Mastrantonio & Natalia Porto --Net Neutrality Regulation: A Worldwide Overview and the Chilean Pioneer's Experience /Alfonso Silva & Sebastian Squella --Net Neutrality in Singapore: A Fair Game /Chung Nian Lam --Internet Regulation in Brazil: The Network Neutrality Issue /Lauro Celidonio Gomes dos Reis Neto, Fabio Ferreira Kujawski & Thays Castaldi Gentil --The New Brazilian Internet Constitution and the Netmundial Forum /João Moura --The Brazilian Telecom Regulatory Scenario and the Proposals of the Internet Law /Regina Ribeiro do Valle --Competition in the Brazilian Telecommunication Market /rMaximiliano Martinhão, Guido Lorencini Schuina, Haitam Laboissiere Naser & Leonardo Fernandez Zago --A New Horizon for Competition Advocacy in Brazil /Adriano Augusto do Couto Costa, Marcelo de Matos Ramos & Roberto Domingos Taufick --Overlaps and Synergies between Regulators in the Brazilian Telecommunications Market /Marcelo Bechara de Souza Hobaika & Carlos M. Baigorri --The New Competition Law in Brazil and the New Framework for Merger Analysis in Telecom /Carlos Emmanuel Joppert Ragazzo & Cristiane Landerdahl de Albuquerque --Chapter 31: Regulatory Policy Round Table: A Dialogue between Telecommunications and Antitrust Authorities /Denis Alves Guimarães.

Author : Frederic Jenny,Yannis Katsoulacos
Publisher : Springer
Page : 363 pages
File Size : 42,6 Mb
Release : 2016-06-13
Category : Law
ISBN : 9783319309484

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Competition Law Enforcement in the BRICS and in Developing Countries by Frederic Jenny,Yannis Katsoulacos Pdf

This contributed volume focuses on competition policy enforcement in BRICS and developing counties. It examines the role and application of economic analysis and evidence in law enforcement procedures, as well as their influence on competition authorities’ policy-making. The contributors also address topics such as recent developments in competition law and practice, institutional design, indicators of performance in enforcement, the incorporation of public interest concerns in Competition Authority objectives, procedural fairness, procurement procedures and compulsory licensing.

Author : Eleanor M. Fox,Harry First (juriste).),Nicolas Charbit,Elisa Ramundo
Publisher : Unknown
Page : 218 pages
File Size : 48,8 Mb
Release : 2015
Category : Law
ISBN : 193900747X

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Antitrust in Emerging and Developing Countries by Eleanor M. Fox,Harry First (juriste).),Nicolas Charbit,Elisa Ramundo Pdf

Concurrences Review in partnership with New York University School of Law held the inaugural conference, "Antitrust in Emerging and Developing Countries," in New York on October 24, 2014. Five panels of prominent speakers representing 10 jurisdictions explored the economic context and addressed the challenges and developments in competition law and policy in emerging and developing jurisdictions, in particular China, India, Mexico, Brazil and South Africa. This book collects the papers of the conference participants on unique and pressing competition issues in developing countries.