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Antitrust cooperation in Brazil and in Latin America

6 abril, 2010

Some days ago, I was reading a news available at the website of the Secretariat of Economic Law (SDE), one of the branches of the Brazilian Antitrust Authorities, in which there was a report about its participation in both the Competition Committee and the Global Competition Forum, which are sponsored by the Organization for Economic Co-operation and Development (OCDE). The OECD meetings were held in Paris from the 15th to the 19th of February 2010 and must have been a great opportunity for the SDE officials.

Actually, the SDE was involved the presentation of the latest edition of the Peer Review along with the OCDE – as those familiar with the institutions of antitrust in Latin America, the OECD Peer Review consists of an analysis of various aspects of the antitrust authorities carried out by OCDE members regarding the performance of the Antitrust Authorities worldwide. It is a great chance to look at the good and bad practices of the local authorities and the Brazilian Antitrust Authorities have profited a lot from previous Reviews. The Peer review is able to assess the operation of the institutions and suggest improvements that help develop the antitrust legislation worldwide. It is worth mentioning that most of the suggestions made by the 2005 Peer Review  are slowly being implemented in Brazil.

If the good side is known to everyone, I was wondering whether there could be any collateral effects. A couple of years ago, I was discussing with a former Commissioner of the Administrative Council of Economic Defense (CADE), the decision making agency of the Brazilian Antitrust Authorities, and we agreed that the importation of the ICN agenda may not necessarily be in accordance with what Brazil needed. For instance, dominant position cases are not seen as a priority in relation to cartels, even though they may have a greater impact on highly concentrated markets, which is a common feature in many Latin American countries. 

I invite the readers of this blog to share your views on this controversial topic!

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