Nearly 16 Years of the Leniency Program in Brazil

Nearly 16 Years of the Leniency Program in Brazil
Author: Amanda Athayde
Publisher:
Total Pages: 9
Release: 2016
Genre:
ISBN:

Since 2003, the prosecution of hardcore cartels has been a top priority in Brazil. The Leniency Program in Brazil has been one of the most important investigative tools for detecting collusive conduct among competitors. The Leniency Program has exhibited some breakthroughs achieved in terms of the amount of new leniency agreements signed, the use of innovative tools and the reliability of CADE's procedures. Those results increase CADE's responsibility to be effective in the execution of its Leniency Program, as well as to be prepared to address new challenges that are on their way.

Fighting Cross-Border Cartels

Fighting Cross-Border Cartels
Author: Pierre Horna
Publisher: Bloomsbury Publishing
Total Pages: 441
Release: 2020-03-19
Genre: Law
ISBN: 1509933697

This book is the first detailed treatment of the approaches taken to enforce competition laws against cross-border cartels (CBCs) from the perspective of young and small competition authorities (more than 70% of the total number of authorities worldwide). No other legal or inter-disciplinary scholarship exists in the market that deals with the issue of a taxonomy of CBCs combined with young/small competition authorities' problems. The book looks at the extent of the harms caused by CBCs and issues associated with tackling them at a transnational level. It explains why past solutions to problems with cooperation have failed and proposes novel ideas on how to improve cooperation and coordination in certain types of CBC investigations (transnational and regional CBCs). The proposals are based on primary-source information and observations made by the author as part of his work in the UN, and interviews with leading enforcers from young, small, old and large jurisdictions. Young/small competition authorities, competition lawyers and economists, scholars and students within the fields of competition law and international law, and those interested in international cooperation and coordination in the area of cartel enforcement in emerging markets will greatly benefit from this book. It is clearly structured and extensively referenced, providing a valuable guide to the topic.

Global Competition Enforcement

Global Competition Enforcement
Author: Paulo Burnier da Silveira
Publisher: Kluwer Law International
Total Pages: 356
Release: 2019
Genre: Antitrust law
ISBN: 9789403502830

In a short span of years, the landscape of global competition has changed significantly. In particular, international cooperation in competition law enforcement has greatly strengthened the battle against abuse of dominance, cartels, anticompetitive mergers and related political corruption. This thoroughly researched book explains the current situation regarding joint investigations, identifies common problems and considers possible solutions and future developments. In addition to covering issues of competition policy, its authors look in detail at practice in both merger and conduct investigations in a variety of countries.

Practitioner's Guide to Global Investigations

Practitioner's Guide to Global Investigations
Author: Judith Seddon
Publisher: Law Business Research Ltd.
Total Pages: 987
Release: 2018-01-19
Genre:
ISBN: 1912377837

There's never been a greater likelihood a company and its key people will become embroiled in a cross-border investigation. But emerging unscarred is a challenge. Local laws and procedures on corporate offences differ extensively - and can be contradictory. To extricate oneself with minimal cost requires a nuanced ability to blend understanding of the local law with the wider dimension and, in particular, to understand where the different countries showing an interest will differ in approach, expectations or conclusions. Against this backdrop, GIR has published the second edition of The Practitioner's Guide to Global Investigation. The book is divided into two parts with chapters written exclusively by leading names in the field. Using US and UK practice and procedure, Part I tracks the development of a serious allegation (whether originating inside or outside a company) - looking at the key risks that arise and the challenges it poses, along with the opportunities for its resolution. It offers expert insight into fact-gathering (including document preservation and collection, witness interviews); structuring the investigation (the complexities of cross-border privilege issues); and strategising effectively to resolve cross-border probes and manage corporate reputation.Part II features detailed comparable surveys of the relevant law and practice in jurisdictions that build on many of the vital issues pinpointed in Part I.

Competition Law in Latin America

Competition Law in Latin America
Author: Julián Peña
Publisher: Kluwer Law International B.V.
Total Pages: 491
Release: 2022-06-06
Genre: Law
ISBN: 9403537000

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 an updated edition of the first book that offered an in-depth analysis of this complex scenario. The first part of the book includes more general chapters written by leading experts on a variety of relevant topics analyzed at a regional level such as the issues emerging with the digital economy and on the special field of the information and communications technology industry, as well as chapters on broad regional trends, on the working of competition law in countries with regulated markets and in the cluster of Central American countries, among others. At the heart of the presentation are nine chapters detailing the competition regimes of the most active national jurisdictions in the region—Argentina, Brazil, Chile, Colombia, Ecuador, Mexico, Paraguay, 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. Topics addressed in the country analysis encompass the following and more: relevant institutions and legislation; cartel investigations; unilateral conduct policies; merger review; international coordination; enforcement; and remedies. Each chapter includes an analysis of relevant case law, allowing the reader to gauge the positions, views, and tendencies of each competition law regime. The contributors 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 it is going to, in Latin America.

Criminalising Cartels

Criminalising Cartels
Author: Caron Beaton-Wells
Publisher: Bloomsbury Publishing
Total Pages: 750
Release: 2011-02-10
Genre: Law
ISBN: 1847318134

This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.

The Political Economy of Antitrust

The Political Economy of Antitrust
Author: Vivek Ghosal
Publisher: Elsevier
Total Pages: 508
Release: 2007-04
Genre: Business & Economics
ISBN: 0444530932

Political-economy is defined broadly to include the demand-side drivers of antitrust activity such as market failures and interest-groups, along with supply-side drivers. This book covers topics such as: enforcement of cartels; merger control; monopolization and abuse of dominance; and, systemic issues in antitrust enforcement and policy. Motivated by recent events and experiences in antitrust enforcement and policy in the United States and the European Union, and new insights and findings from academic research, this book presents a collection of theoretical, empirical and public policy-oriented articles representing recent research on the political-economy of antitrust. Political-economy is defined broadly to include the demand-side drivers of antitrust activity such as market failures and interest-groups, along with supply-side drivers including ideology and partisan politics as well as the importance of informational limitations in antitrust enforcement and the institutional structure of the antitrust agencies. Examining issues related to the political-economy of antitrust is important as antitrust policy and enforcement provide a key mechanism for preserving the competitiveness of markets, with implications for innovation, efficiency, growth and welfare. This book brings together contributions by leading academic researchers in the areas of political-economy, cartels, merger and non-merger enforcement, as well as economists working with antitrust authorities in the U.S. and E.U., to make a timely contribution for researchers and practitioners. The chapters in this volume cover the full range of topics: enforcement of cartels; merger control; monopolization and abuse of dominance; and, systemic issues in antitrust enforcement and policy. Since the last few years have seen significant changes in both the U.S. and E.U. in the attitudes towards cartels, the book places emphasis on antitrust enforcement of cartels, including topics such as the corpora.

Comparative Competition Law

Comparative Competition Law
Author: John Duns
Publisher: Edward Elgar Publishing
Total Pages: 529
Release: 2015-11-27
Genre: Law
ISBN: 1785362577

Comparative Competition Law examines the key global issues facing competition law and policy. This volume’s specially commissioned chapters by leading writers from the United States, Europe, Asia, South America, and Australia provide a synthesis of how these current issues are addressed by drawing on the approaches taken in different jurisdictions around the world. Expert contributors examine the regulation of core competitive conduct by comparing substantive law approaches in the US and the EU. The book then explores issues of enforcement – such as the regulator’s powers, whether to criminalize anti-competitive conduct, the degree to which private enforcement ought to be encouraged, and the extraterritorial scope of domestic laws. Finally, the book discusses how competition law is being implemented in a variety of countries, including Japan, China, Brazil, Chile, and Colombia. This scholarly analysis of the key substantive, procedural, and remedial challenges facing global competition law policymakers offers a comparative framework to facilitate a better understanding of relevant policies. This collection of global perspectives will be of great interest to scholars and students of competition law, microeconomics, and regulatory studies. Competition law regulators, policy makers, and law practitioners will also find this book an invaluable resource.

Handbook of Antitrust Economics

Handbook of Antitrust Economics
Author: Paolo Buccirossi
Publisher:
Total Pages: 716
Release: 2008-03-21
Genre: Business & Economics
ISBN:

Experts examine the application of economic theory to antitrust issues in both the United States and Europe, discussing mergers, agreements, abuses of dominance, and the impact of market features. Over the past twenty years, economic theory has begun to play a central role in antitrust matters. In earlier days, the application of antitrust rules was viewed almost entirely in formal terms; now it is widely accepted that the proper interpretation of these rules requires an understanding of how markets work and how firms can alter their efficient functioning. The Handbook of Antitrust Economics offers scholars, students, administrators, courts, companies, and lawyers the economist's view of the subject, describing the application of newly developed theoretical models and improved empirical methods to antitrust and competition law in both the United States and the European Union. (The book uses the U.S. term “antitrust law” and the European “competition law” interchangeably, emphasizing the commonalities between the two jurisdictions.) After a general discussion of the use of empirical methods in antitrust cases, the Handbook covers mergers, agreements, abuses of dominance (or unilateral conducts), and market features that affect the way firms compete. Chapters examine such topics as analyzing the competitive effects of both horizontal and vertical mergers, detecting and preventing cartels, theoretical and empirical analysis of vertical restraints, state aids, the relationship of competition law to the defense of intellectual property, and the application of antitrust law to “bidding markets,” network industries, and two-sided markets. Contributors Mark Armstrong, Jonathan B. Baker, Timothy F. Bresnahan, Paulo Buccirossi, Nicholas Economides, Hans W. Friederiszick, Luke M. Froeb, Richard J. Gilbert, Joseph E. Harrington, Jr., Paul Klemperer, Kai-Uwe Kuhn, Francine Lafontaine, Damien J. Neven, Patrick Rey, Michael H. Riordan, Jean-Charles Rochet, Lars-Hendrick Röller, Margaret Slade, Giancarlo Spagnolo, Jean Tirole, Thibaud Vergé, Vincent Verouden, John Vickers, Gregory J. Werden