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Author: José Inácio Gonzaga Franceschini Publisher: Kluwer Law International B.V. ISBN: 9041187588 Category : Law Languages : en Pages : 200
Book Description
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: José Inácio Gonzaga Franceschini Publisher: Kluwer Law International B.V. ISBN: 9041187588 Category : Law Languages : en Pages : 200
Book Description
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 Publisher: ISBN: 9789041141422 Category : Antitrust law Languages : en Pages : 0
Book Description
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: Eduardo Molan Gaban Publisher: Kluwer Law International B.V. ISBN: 9041142940 Category : Law Languages : en Pages : 448
Book Description
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: Maria Fernanda Caporale Madi Publisher: Kluwer Law International B.V. ISBN: 9403526513 Category : Law Languages : en Pages : 224
Book Description
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: Marco Botta Publisher: Kluwer Law International B.V. ISBN: 9041134026 Category : Law Languages : en Pages : 442
Book Description
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: Julián Peña Publisher: Kluwer Law International B.V. ISBN: 9041168958 Category : Law Languages : en Pages : 613
Book Description
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: Paulo Burnier da Silveira Publisher: Kluwer Law International B.V. ISBN: 9041186883 Category : Law Languages : en Pages : 410
Book Description
The Latin American countries, both individually and as a community, are poised to become increasingly important in the international recognition and enforcement of competition law. Recent policy developments in the region are particularly instructive on cross-border mergers and international cartel investigations. Although this book’s focus is on Latin America, its in-depth exploration of areas such as information exchange among competition authorities, compliance, settlements and remedies are of great value and interest to competition lawyers and policymakers worldwide. Including numerous recent cases and best practice indicators, the contributors ̄ competition authority officials, practitioners, academics and economists ̄ cover such topics and issues as the following: • antitrust compliance programs; • competition advocacy; • bid rigging in public procurement; • predatory pricing; • use of indirect evidence in investigations; • shareholders’ damages claims; • relation between antitrust and intellectual property; and • merger control. There are country-specific chapters on particular developments in Argentina, Brazil, Chile, Colombia, Ecuador, El Salvador, Mexico and Paraguay. Highlighting the importance of international competition regulatory cooperation, this insightful book offers both practical guidance and food for thought to lawyers at national competition authorities, corporate counsel, and other competition law practitioners and academics.
Author: Silvia Fazio Publisher: Kluwer Law International B.V. ISBN: 904116829X Category : Law Languages : en Pages : 698
Book Description
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: Eleanor Fox Publisher: Bloomsbury Publishing ISBN: 1847315291 Category : Law Languages : en Pages : 522
Book Description
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: José Inácio Gonzaga Franceschini
Author: José Inácio Gonzaga Franceschini
Author: Eduardo Molan Gaban
Author: Eduardo Molan Gaban
Author: Maria Fernanda Caporale Madi
Author: Marco Botta
Author: Julián Peña
Author: Inter-American Development Bank
Author: Paulo Burnier da Silveira
Author: Silvia Fazio
Author: Eleanor Fox