Antitrust Law In Brazil

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Antitrust Law in Brazil

Author : Eduardo Molan Gaban
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041142940
Total Pages : 448 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Antitrust Law in Brazil by : Eduardo Molan Gaban

Download or read book Antitrust Law in Brazil written by Eduardo Molan Gaban and published by Kluwer Law International B.V.. This book was released on 2011-12-05 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Competition Law in Brazil

Author : José Inácio Gonzaga Franceschini
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041187588
Total Pages : 200 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Competition Law in Brazil by : José Inácio Gonzaga Franceschini

Download or read book Competition Law in Brazil written by José Inácio Gonzaga Franceschini and published by Kluwer Law International B.V.. This book was released on 2017-04-24 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Brazilian Competition Law

Author : Eduardo Molan Gaban
Publisher :
ISBN 13 : 9789041141422
Total Pages : 0 pages
Book Rating : 4.1/5 (414 download)

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Book Synopsis Brazilian Competition Law by : Eduardo Molan Gaban

Download or read book Brazilian Competition Law written by Eduardo Molan Gaban and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).

Competition Law in Latin America

Author : Julián Peña
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041168958
Total Pages : 613 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Competition Law in Latin America by : Julián Peña

Download or read book Competition Law in Latin America written by Julián Peña and published by Kluwer Law International B.V.. This book was released on 2016-02-18 with total page 613 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Regulating Vertical Agreements

Author : Maria Fernanda Caporale Madi
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403526513
Total Pages : 224 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Regulating Vertical Agreements by : Maria Fernanda Caporale Madi

Download or read book Regulating Vertical Agreements written by Maria Fernanda Caporale Madi and published by Kluwer Law International B.V.. This book was released on 2020-10-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Competition Law and Policy in Latin America Peer Reviews of Argentina, Brazil, Chile, Mexico and Peru

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264015140
Total Pages : 404 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Competition Law and Policy in Latin America Peer Reviews of Argentina, Brazil, Chile, Mexico and Peru by : OECD

Download or read book Competition Law and Policy in Latin America Peer Reviews of Argentina, Brazil, Chile, Mexico and Peru written by OECD and published by OECD Publishing. This book was released on 2006-10-20 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains the results of peer reviews of the competition law and policies of Argentina, Brazil, Chile, Mexico, and Argentina.

The future of antitrust

Author : Priscila Brolio Gonçalves
Publisher : Editora Singular
ISBN 13 : 658635207X
Total Pages : 562 pages
Book Rating : 4.5/5 (863 download)

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Book Synopsis The future of antitrust by : Priscila Brolio Gonçalves

Download or read book The future of antitrust written by Priscila Brolio Gonçalves and published by Editora Singular. This book was released on 2021-10-10 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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!

Merger Control Regimes in Emerging Economies

Author : Marco Botta
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041134026
Total Pages : 442 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Merger Control Regimes in Emerging Economies by : Marco Botta

Download or read book Merger Control Regimes in Emerging Economies written by Marco Botta and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Peer Reviews of Competition Law and Policy in Latin America A Follow-up: Argentina, Brazil, Mexico and Peru

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264042008
Total Pages : 65 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Peer Reviews of Competition Law and Policy in Latin America A Follow-up: Argentina, Brazil, Mexico and Peru by : OECD

Download or read book Peer Reviews of Competition Law and Policy in Latin America A Follow-up: Argentina, Brazil, Mexico and Peru written by OECD and published by OECD Publishing. This book was released on 2008-03-18 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Antitrust in Emerging and Developing Countries

Author : Eleanor M. Fox
Publisher :
ISBN 13 : 9781939007537
Total Pages : 218 pages
Book Rating : 4.0/5 (75 download)

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Book Synopsis Antitrust in Emerging and Developing Countries by : Eleanor M. Fox

Download or read book Antitrust in Emerging and Developing Countries written by Eleanor M. Fox and published by . This book was released on 2016 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Brazilian Commercial Law

Author : Silvia Fazio
Publisher : Kluwer Law International B.V.
ISBN 13 : 904116829X
Total Pages : 698 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Brazilian Commercial Law by : Silvia Fazio

Download or read book Brazilian Commercial Law written by Silvia Fazio and published by Kluwer Law International B.V.. This book was released on 2015-09-14 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Competition Law and Policy in Latin America

Author : Paulo Burnier da Silveira
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186883
Total Pages : 410 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Competition Law and Policy in Latin America by : Paulo Burnier da Silveira

Download or read book Competition Law and Policy in Latin America written by Paulo Burnier da Silveira and published by Kluwer Law International B.V.. This book was released on 2017-04-15 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Competition Law and Policy in Latin America

Author : Eleanor Fox
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315291
Total Pages : 522 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Competition Law and Policy in Latin America by : Eleanor Fox

Download or read book Competition Law and Policy in Latin America written by Eleanor Fox and published by Bloomsbury Publishing. This book was released on 2009-08-05 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Competition Law Enforcement in the BRICS and in Developing Countries

Author : Frederic Jenny
Publisher : Springer
ISBN 13 : 331930948X
Total Pages : 363 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Competition Law Enforcement in the BRICS and in Developing Countries by : Frederic Jenny

Download or read book Competition Law Enforcement in the BRICS and in Developing Countries written by Frederic Jenny and published by Springer. This book was released on 2016-06-13 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Brazil Tax, Law and Business Briefing: 2005

Author : Amanda Johnson
Publisher : WorldTrade Executive, Inc.
ISBN 13 : 9781893323681
Total Pages : 228 pages
Book Rating : 4.3/5 (236 download)

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Book Synopsis Brazil Tax, Law and Business Briefing: 2005 by : Amanda Johnson

Download or read book Brazil Tax, Law and Business Briefing: 2005 written by Amanda Johnson and published by WorldTrade Executive, Inc.. This book was released on 2005 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This reference source provides guidance on tax and legal issues investors should consider when evaluating a possible company acquisition, starting a business, or entering into a joint venture or strategic alliance in Brazil.

Antitrust Law in the New Economy

Author : Mark R. Patterson
Publisher :
ISBN 13 : 0674971426
Total Pages : 330 pages
Book Rating : 4.6/5 (749 download)

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Book Synopsis Antitrust Law in the New Economy by : Mark R. Patterson

Download or read book Antitrust Law in the New Economy written by Mark R. Patterson and published by . This book was released on 2017 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition and consumer protection -- The economics of information -- Information and market power -- Agreements on information -- Exclusion by information -- "Confusopoly" and information asymmetries -- Privacy as an information product -- Information and intellectual property -- Restraint of trade and freedom of speech

Antitrust in Emerging and Developing Countries

Author : Eleanor M. Fox
Publisher :
ISBN 13 : 9781939007476
Total Pages : 218 pages
Book Rating : 4.0/5 (74 download)

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Book Synopsis Antitrust in Emerging and Developing Countries by : Eleanor M. Fox

Download or read book Antitrust in Emerging and Developing Countries written by Eleanor M. Fox and published by . This book was released on 2015 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.