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The Politics And Economics Of Brazilian Competition Law
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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.
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)
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.
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)
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.
Book Synopsis Competition Law and Development by : D. Daniel Sokol
Download or read book Competition Law and Development written by D. Daniel Sokol and published by Stanford University Press. This book was released on 2013-09-11 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: The vast majority of the countries in the world are developing countries—there are only thirty-four OECD (Organisation for Economic Co-operation and Development) countries—and yet there is a serious dearth of attention to developing countries in the international and comparative law scholarship, which has been preoccupied with the United States and the European Union. Competition Law and Development investigates whether or not the competition law and policy transplanted from Europe and the United States can be successfully implemented in the developing world or whether the developing-world experience suggests a need for a different analytical framework. The political and economic environment of developing countries often differs significantly from that of developed countries in ways that may have serious implications for competition law enforcement. The need to devote greater attention to developing countries is also justified by the changing global economic reality in which developing countries—especially China, India, and Brazil—have emerged as economic powerhouses. Together with Russia, the so-called BRIC countries have accounted for thirty percent of global economic growth since the term was coined in 2001. In this sense, developing countries deserve more attention not because of any justifiable differences from developed countries in competition law enforcement, either in theoretical or practical terms, but because of their sheer economic heft. This book, the second in the Global Competition Law and Economics series, provides a number of viewpoints of what competition law and policy mean both in theory and practice in a development context.
Book Synopsis The Political Economy of Competition Law in China by : Wendy Ng
Download or read book The Political Economy of Competition Law in China written by Wendy Ng and published by Cambridge University Press. This book was released on 2018-01-11 with total page 419 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Political Economy of Competition Law in China provides a unique, multifaceted perspective of China's anti-monopoly law.
Book Synopsis Decadent Developmentalism by : Matthew M. Taylor
Download or read book Decadent Developmentalism written by Matthew M. Taylor and published by Cambridge University Press. This book was released on 2020-11-12 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Complementarities between political and economic institutions have kept Brazil in a low-level economic equilibrium since 1985.
Book Synopsis About Law, Economics and Argumentation by : Alberto Barbosa Jr.
Download or read book About Law, Economics and Argumentation written by Alberto Barbosa Jr. and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Optimists would say the Brazilian competition policy has been a successful case of antitrust revolution in Latin America. However, the perceived success of competition law hides old inconsistencies in antitrust practice regarding an unusual topic: the interplay between merger control and labor market regulation in the 1990s. That policy interplay could well be seen as only an old miscarriage of “antitrust justice” in developing countries. It may not be the case, though. Past intersections of different regulatory domains, and the lack of accountability as to the reasons for abandoning labor concerns, can still affect the legitimacy of competition policy. Such failures in policy-making could also create conflicts between the Brazilian Competition Authority (CADE) and authorities responsible for enforcing labor laws. In view of those potential hurdles to antitrust implementation, this paper takes a normative stance on the question of how CADE could justify what appears to be a definitive shift in competition policy away from labor market regulation. My analysis is centered on policy justifications: instances of legal argumentation meant to support implementing decisions. Accordingly, antitrust decision-making is framed within the argumentative discourse of competition law, as a product of practical reasoning informed by legal rules and economic knowledge. That said, I do not offer a positive answer as to whether and how CADE should justify its decision to break the interplay between merger control and the regulation of labor markets. Instead, my claim is only that, in defense of such implementation choice, justifications grounded on economic theory may become, in practice, an informal fallacy. This paper thus contributes to the literature by identifying logical flaws in arguments that could justify a policy decision implicit in Brazilian competition law. As an unusual topic in antitrust policy, the broken interplay between merger control and labor market regulation also allows me to explore the impact of economic indeterminacy on legal discourse. I demonstrate that disagreements among economists can reduce the plausibility of arguments based on economic consequences. In doing so, this paper challenges some uses of economic analysis of law, as argumentation technique, in legal reasoning.
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.
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.
Book Synopsis Populism and Antitrust by : Maciej Bernatt
Download or read book Populism and Antitrust written by Maciej Bernatt and published by Cambridge University Press. This book was released on 2022-02-24 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Competition law is designed to promote a consumer-friendly economy, but for the law to work in practice, competition agencies - and the courts who oversee them - must enforce it effectively and impartially. Today, however, the rule of populist governments is challenging the foundations of competition law in unprecedented ways. In this comprehensive work, Maciej Bernatt analyses these challenges and describes how populist governments have influenced national and regional (EU) competition law systems. Using empirical findings from Poland and Hungary, Bernatt proposes a new theoretical framework that will allow the illiberal influence of populism on competition law systems to be better measured and understood. Populism and Antitrust will be of interest not only to antitrust and constitutional law scholars, but also to those concerned about the future of liberal democracy and free markets.
Author :José Tavares de Araújo Júnior Publisher :Santiago, Chile : United Nations, Economic Commission for Latin America and the Caribbean, Division of International Trade and Integration Trade Unit ISBN 13 : Total Pages :32 pages Book Rating :4.:/5 (318 download)
Book Synopsis Legal and Economic Interfaces Between Antidumping and Competition Policy by : José Tavares de Araújo Júnior
Download or read book Legal and Economic Interfaces Between Antidumping and Competition Policy written by José Tavares de Araújo Júnior and published by Santiago, Chile : United Nations, Economic Commission for Latin America and the Caribbean, Division of International Trade and Integration Trade Unit. This book was released on 2001 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between antidumping and antitrust is a polemic issue in every integration process for both legal and economic reasons. From a legal perspective, antidumping rules allow practices such as price undertakings and quantitative trade restrictions that are forbidden by competition law. From an economic viewpoint, the two policies pursue different objectives that eventually may lead to conflicting situations. This paper summarizes the current debate about antidumping rules in the United States; it reviews the instruments used by the European Union and the U.S. government for reconciling a strong enforcement of competition laws; it highlights some peculiarities of the FTAA process; and presents the main conclusions on this topic.
Book Synopsis The Law of Political Economy by : Poul F. Kjaer
Download or read book The Law of Political Economy written by Poul F. Kjaer and published by Cambridge University Press. This book was released on 2020-04-23 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--
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).
Download or read book Making Brazil Work written by M. Melo and published by Springer. This book was released on 2013-08-20 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first conceptually rigorous analysis of the political and institutional underpinnings of Brazil's recent rise. Using Brazil as a case study in multiparty presidentialism, the authors argue that Brazil's success stems from the combination of a constitutionally strong president and a robust system of checks and balances.
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.
Book Synopsis For a Rigorous 'Effects-Based' Analysis of Vertical Restraints Adopted by Dominant Firms by : Damien Geradin
Download or read book For a Rigorous 'Effects-Based' Analysis of Vertical Restraints Adopted by Dominant Firms written by Damien Geradin and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study concerns the way agreements between a dominant supplier and its customers that restrict the ability of those customers to buy from the dominant firm's rivals, including exclusive dealing, conditional rebates and tying and bundling (hereafter, “vertical restraints”) have been assessed by the EU and Brazilian competition authorities and courts. For several decades, vertical restraints have been a subject of debate among lawyers and economists, and views as to how such restraints should be assessed have fluctuated. In recent years, however, a consensus has emerged that per se rules of illegality (or of legality) should not be applied to vertical restraints. Instead, such restraints should be assessed pursuant to an effects-based analysis balancing their pro- and anti-competitive effects. The difficulty, however, is to devise legal tests that allow this balancing to take place in a coherent and rigorous manner. Following an analysis of the economics of vertical restraints, this paper shows that the European Commission, which has the power to enforce EU competition rules, has recently opted for an effects-based approach to vertical restraints, and has developed a Guidance Paper that offers a legal and economic methodology describing how it intends to analyse such restraints. This paper shows, however, that the EU courts are still reluctant to follow such a methodology preferring instead to continue to apply formalistic rules. The situation is different in Brazil where, at least since the enactment of Law 8.884 in 1994, there has been a consensus that vertical restraints had to be analysed under an effects-based approach. However, such an approach has been pursued through balancing tests relying on qualitative criteria and intuitive reasoning, rather than and a rigorous and structured assessment, including quantitative elements, hence leading to inconsistency and uncertainty. The Brazilian competition law system would thus benefit from the adoption of guidelines, which as in the case of the EU Guidance Paper, provides a clear legal and economic methodology as to how an effects-based approach should be implemented. This paper also analyses the extent to which the legal and institutional framework in place in the EU and in Brazil is well suited to the implementation of a rigorous effects-based approach relying on economic analysis. There is no doubt that the mature EU system possesses the legal and institutional framework to apply such a rigorous approach, the problem being however that the EU courts, which are composed of generalist judges, are still reluctant to pursue it. The European Commission, which is a sophisticated institution, can however pursue an economic based approach. Although the Brazilian competition law system is not yet fully mature, it has gone a long way, and the entry into force of the new Brazilian Competition Act 12.529/2011 and the setting up of the New CADE will further contribute to its development. The paper argues that the Brazilian system would greatly benefit from the adoption of guidelines, which, like the European Commission Guidance Paper, would offer a clear legal and economic methodology to implement an effects-based approach to vertical restraints.
Book Synopsis The Political Economy of Upgrading Regimes: Brazil and beyond by : Michael Schedelik
Download or read book The Political Economy of Upgrading Regimes: Brazil and beyond written by Michael Schedelik and published by Springer Nature. This book was released on 2023-06-20 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today’s middle-income countries tend to be locked in a middle-income trap, unable to transition to higher income levels due to rising costs and declining competitiveness. While there is a broad consensus that upgrading these economies towards innovation-led growth is imperative, countless institutional and political economy obstacles remain. This book brings together analytical perspectives from comparative political economy, innovation studies, and development economics for the study of technological upgrading. Its distinctive contribution is the development of an innovative theoretical framework, named upgrading regimes, combining and extending the comparative capitalism and innovation system perspectives. It explores the usefulness of this approach by providing an indepth assessment of the political economy of upgrading in Brazil under the Workers’ Party governments. As the politics of technological upgrading will be one of the crucial research areas in the years to come, this book promises to become a key reference point in this debate.
