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For A Rigorous “Effects-Based†Analysis Of Vertical Restraints Adopted By Dominant Firms: A Comparison Of EU And Brazilian Competition Law

Damien Geradin and Caio Mario da Silva Pereira Neto

CPI Journal, 2013, vol. 9

Abstract: Damien Geradin and Caio Mario da Silva Pereira Neto’s paper compares the European and Brazilian experience on the use of guidance documents for the analysis of vertical restraints. According to the authors, while Europe has made headway in writing guidelines that clearly incorporate modern economic methods to the analysis, the continued use of formalistic approaches by Courts may lower the bar for these types of analysis. In the case of Brazil, while the law does leave enough flexibility for the use of these methods, the authority has tended not to rely on quantitative methods but has instead used qualitative information to make determinations. This, they consider, leads to uncertainty.

JEL-codes: G38 (search for similar items in EconPapers)
Date: 2013
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