The judiciary and the enforcement of competition law in the emerging economies. Case study on brazil

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Publicado: ago. 23, 2024
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judiciary and the enforcement of competition law

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Marco Botta

Resumo

The last twenty years recorded the proliferation of the competition law regimes in several emerging economies. The article explores the
issues related to the involvement of the judiciary in the enforcement of the
competition law in the developing countries, taking Brazil as a case study.
During the last years the Brazilian competition authority (CADE) pursued an
active enforcement policy against cartels and other forms of anti-competitive
conducts. Consequently, a large number of appeals against CADE’s decisions
were initiated in the Brazilian federal courts. The slowness of the Brazilian
judicial system and the lack of understanding of competition law by the
Brazilian courts has hampered the enforcement policy of CADE. A number
of initiatives have been adopted in the country in order to solve these issues.
The article critically analyzes these initiatives, and in the conclusion it proposes a number of policy lessons for other emerging economies.

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Como Citar
Botta, M. (2024). The judiciary and the enforcement of competition law in the emerging economies. Case study on brazil . Revista Do IBRAC, 16(2), 21–46. Recuperado de https://revista.ibrac.org.br/index.php/revista/article/view/272
Edição
v. 16 n. 2 (2009)
Seção
Artigos para Revista do IBRAC
Creative Commons License
Este trabalho está licenciado sob uma licença Creative Commons Attribution 4.0 International License.
Biografia do Autor

Marco Botta

PhD candidate in the Law Department of the European University Institute, Florence (Italy). The author would like to thank Prof. Heike Schweitzer, Rozeta Karova, Pablo Ibañéz Colomo, Danielle da Costa Leite Borges and Mario Viola de Avezedo Cunha for their useful comments on previous versions of this
article. The article was presented at the Competition Law and Economics Network Annual Forum at the University of Tilburg (The Netherlands) on 15th May 2009. For any question, please contact the author at marco.botta@eui.eu.

Referências

The case involved a price-fixing cartel established between the Companhia Siderúrgica Nacional, Companhia Siderúrgica Paulista and Usinas Siderúrgica de Minas Gerais. SDE started the investigations on the case in 1999. CADE took its decision sanctioning the companies on 14th April 2004. PA 08012.005924/2000-30

CADE’s Annual Report 2006, p. 56

Judgement of the STJ, Recurso Especial 590.960-DF (2003/0169770-6), submitted

by the UNIMED Campinas Cooperativa de Trabalho Médico.

For instance, one of the preliminary judgements of the TRF4 in the case of vigilantes mentioned above, requested the appellant to comply with the obligation provided by Art. 65 of the Law 8.884/1994 by referring to the STJ judgement of 2003 in the case UNIMED. Judgement of TRF4 of 18th September 2008. EBV Empresa Brasileira de Vigilância LTDA v. Conselho Administrativo de Defesa Econômica – CADE.

Agravo de Instrumento 2007.04.00.003701-7/SC.

CADE’s Annual Report 2006, p. 85