Now also available as
eBook
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;
-
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 anticartel enforcement, in developing countries.
Foreword
Case References
List of Abbreviations
Introduction
Part I Brazilian Legal System: Postulates, Principles and Constitutional
Rules
Chapter 1 Thoughts Underlying the Brazilian Legal System and the Notion
of the Constitution
Chapter 2 Constitutional Postulates and the Enforcement of the
Constitution /.
Chapter 3 Principles and Rules that Structure the Economic Order 25
Part II Competition/Antitrust and Horizontal Agreements: Cartels
Chapter 4 Brief History and the Evolution of Antitrust Law
Chapter 5 Context to Identify an Antitrust Violation Pursuant to Law
No. 8884/94 and to the New Brazilian Antitrust Law
Chapter 6 Horizontal Agreements: Cartels and their Conditions
Part III International Antitrust Policy and the Tools Available for
Fighting International Hard Core Cartels
Chapter 7 In the Multilateral International Plan
Chapter 8 Bilateral, Regional and National Scopes: Brazilian Experience
Conclusion
Case Studies
Annex A Brief Comparison between Law No. 8884/94 and the NBAL
Bibliographic References .
Index
"It is a must have for anyone interested in the theory behind, and the
evolution and workings of Antitrust Law in Brazil."
Christine Holland, Nottingham Law School, UK
"It is a must have for anyone interested in the theory behind, and the
evolution and workings of Antitrust Law in Brazil."
Christine Holland, Nottingham Law School, UK
"This thorough and informative volume on antitrust law in Brazil … is an
especially welcome addition to the literature. ... The book is an unusual
combination of theory, concept, doctrine, facts, and figures. It should be of
value to practitioners and scholars alike."
Prof. Eleanor M. Fox, New York University School of Law, New York.
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