Competition Law in Brazil

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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.

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

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Publisher : OECD Publishing
ISBN 13 : 9264015140
Total Pages : 406 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis Competition Law and Policy Reviews 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 Reviews 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 406 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.

Competition Policy in Brazil

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Publisher :
ISBN 13 :
Total Pages : 19 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Competition Policy in Brazil by : Paulo Furquim de Azevedo

Download or read book Competition Policy in Brazil written by Paulo Furquim de Azevedo and published by . This book was released on 2016 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: This chapter presents the main strategies towards greater enforcement of the Brazilian Competition Law. It focuses on the two major problems faced by Brazilian competition authorities: (a) merger review, and (b) dissemination of competition values among the judiciary, public prosecutors, and economic agents in general, thus giving a special role to competition advocacy.The chapter is organized as follows: First, there is a brief description of the basic features of the Brazilian Competition Policy System, emphasizing judicial review and the historical background that illustrates the transition from state coordination to a market-based economy. The next section explores problems related to the efficacy of a system of post-merger notification and review and the need for competition advocacy. Finally, the chapter presents the main actions taken by Cade to increasingly enforce competition law in Brazil.

Antitrust Law in Brazil

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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.

Merger Control Regimes in Emerging Economies

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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.

Brazilian Competition Law

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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

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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.

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

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

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

Download or read book Competition Law and Policy Reviews 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:

Competition Law and Policy in Brazil

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Publisher :
ISBN 13 :
Total Pages : 276 pages
Book Rating : 4.:/5 (631 download)

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Book Synopsis Competition Law and Policy in Brazil by : Jay C. Shaffer

Download or read book Competition Law and Policy in Brazil written by Jay C. Shaffer and published by . This book was released on 2005 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Women in Antitrust

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Publisher : Editora Singular
ISBN 13 : 6586352924
Total Pages : 151 pages
Book Rating : 4.5/5 (863 download)

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Book Synopsis Women in Antitrust by : Verônica de Castro Lameira

Download or read book Women in Antitrust written by Verônica de Castro Lameira and published by Editora Singular. This book was released on 2023-11-05 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first international book of the Women in Antitrust Network and we could not be more grateful for the opportunity to carry out this project and happier with the result. The ambition to organize a book written by women from different countries and nationalities rose from the success of the national book "Mulheres no Antitruste", which is already in its 6th edition, as well as from the WIA's dream of expanding the reach of its projects and introducing them to women from antitrust academic community outside Brazil. Aiming to understand and pursue the most recent discussions on Antitrust Law in different jurisdictions, we invited brilliant authors to contribute with unpublished articles about topics they considered most relevant and pertinent. Furthermore, in order to cover even more recent topics, with subjects still under discussion, we included a section in the book dedicated to shorter and already published articles and papers in order to make the book updated and informative. Thus, the WIA Network's first international book brings new and relevant contributions to the academic antitrust community, while highlighting recent discussions, which can encourage readers to develop new studies and research. The authors were selected amongst women who are dedicated to understanding and resolving relevant issues of Antitrust Law and were essential to the achievement of this project. To this end, this book went through a long process, taking two years of dedication from the WIA Academic Coordination. We have selected the invited authors, sent the invitations, organized the agendas to meet the authors' deadlines, chosen the articles already published – which make up the Session 2 of the book – and, finally, analyzed, reviewed, and edited the articles.

Regulating Vertical Agreements

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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 Policy and MERCOSUR

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Publisher : World Bank Publications
ISBN 13 : 9780821340554
Total Pages : 140 pages
Book Rating : 4.3/5 (45 download)

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Book Synopsis Competition Policy and MERCOSUR by : Malcolm Rowat

Download or read book Competition Policy and MERCOSUR written by Malcolm Rowat and published by World Bank Publications. This book was released on 1997-01-01 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: World Bank Technical Paper No. 385. MERCOSUR, the QUOTECommon Market of the Southern Cone,QUOTE was established to liberalize the movement of goods and services, eliminate customs duties, and coordinate macroeconomic and sectoral polices. Competition policy has been the subject of coordination at the MERCOSUR level. This paper provides an assessment of the legislative and enforcement effectiveness of the competition framework of the four MERCOSUR countries and gives specific recommendations for reform. MERCOSUR, formed in 1991 under the Treaty of Asuncion, currently consists of Argentina, Brazil, Paraguay, and Uruguay with Chile and Bolivia as associate members.

Competition Law Enforcement in the BRICS and in Developing Countries

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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.

The Politics and Economics of Brazilian Competition Law

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (139 download)

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Book Synopsis The Politics and Economics of Brazilian Competition Law by : Beatriz Kira

Download or read book The Politics and Economics of Brazilian Competition Law written by Beatriz Kira and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Against the renewed international debate on the relationship between competition law and wider social and economic goals, this paper examines the underpinnings of Brazilian competition law. It describes the evolution of the law against the backdrop of the wider transformations in capitalism, and reveals how legal, political, and economic disputes - both domestically and internationally - have shaped its design and implementation. The paper argues that while the foundation of modern Brazilian competition law can be found in a progressive Constitution and in principles that guide the economic order towards the promotion of substantive justice, competition enforcement and scholarship in Brazil have been gradually decoupled from the promotion of socioeconomic rights. This insulation of Brazilian competition practice from wider socio-political concerns was deeply influenced by the epistemological assumptions and the economic methodology of the Chicago school, that have directed competition - in the US and in other jurisdictions - towards formalist notions of efficiency.

Competition Law and Policy in Latin America

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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.

Brazilian Competition Law and Access to Health in Brazil

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (134 download)

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Book Synopsis Brazilian Competition Law and Access to Health in Brazil by : Bruno Braz de Castro

Download or read book Brazilian Competition Law and Access to Health in Brazil written by Bruno Braz de Castro and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper aims to analyze the interfaces between Brazilian Competition Law and the issue of access to medicines, with a special focus on abuse of industrial property rights and related exclusionary and exploitative effects. The paper analyzes the case law of Brazilian Administrative Council for Economic Defense (CADE) in the pharmaceutical sector and discusses abusive practices such as illegitimately imposing non-existent or invalid intellectual property rights with anticompetitive purposes. It then addresses abusive strategies in the exercise of industrial property rights which are, in essence, valid: i.e., exclusionary practices, aimed at artificially raising barriers to entry; and exploitative practices, directly translated as the exercise of market power to the detriment of the consumer. The latter ultimately result in exploitative excessive prices; contractual, quality or privacy degradation; and restrictions on supply, such as by hoarding/preventing the exploitation of industrial property rights. The paper concludes that the prohibition of exploitative pricing under the current competition law is legally valid and effective, with certain methodological concerns towards reducing the risk of wrongful convictions (for instance, by applying screening tests to determine the markets that are candidates for intervention). In view of such guidelines, the pharmaceutical industry appears to be an important candidate for antitrust attention, given the magnitude of the harm potentially derived from non-intervention against the practice. Remedies in this area, importantly, should focus on identifying and solving the sector's structural competitive problems. In the case of medicines subject to price regulation by the Drug Market Regulation Chamber (CMED), the technical expertise of the competition authority may be of great value in terms of competition advocacy, a fact that is demonstrated in light of recent discussions on extraordinary price adjustments because of competitive problems in certain markets.

Regulation and Competition Policy

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Publisher :
ISBN 13 :
Total Pages : 70 pages
Book Rating : 4.:/5 (318 download)

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Book Synopsis Regulation and Competition Policy by : Gesner Oliveira

Download or read book Regulation and Competition Policy written by Gesner Oliveira and published by . This book was released on 1999 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: