Economic Analysis in Antitrust: The Case of Brazil
Eduardo Ribeiro
A chapter in Competition Law Enforcement in the BRICS and in Developing Countries, 2016, pp 207-221 from Springer
Abstract:
Abstract We review the Brazilian experience on the use of economic analysis in antitrust practice. Economic theory provides a sound foundation for working with Constitutional principles that back Antitrust law. This allows economic theory and analysis to play a central role in interpreting evidence in cases. Merger analysis extensively uses economic arguments for rulings in Brazil, with practice following closely international guidelines and standards. Economic analysis is also widely used in abuse of dominance/ monopolization (conduct) cases, but its scope is often limited by per se interpretations. We argue that this state of affairs is influenced by a perception of few robust economic results on agreements or collective dominance/monopolization; more explicit law statements on conduct than in merger analysis; higher risk of judicial challenge of decisions (compared to mergers) and relatively limited expertise. Particularly in a developing country, echoing previous authors, economic analysis can achieve a more prominent role if it is able to provide guidelines for investigation and differentiation between pro-competitive and anti-competitive effects of business practices.
Keywords: Economic analysis; Brazil; Mergers; Monopolization (search for similar items in EconPapers)
Date: 2016
References: Add references at CitEc
Citations: View citations in EconPapers (1)
There are no downloads for this item, see the EconPapers FAQ for hints about obtaining it.
Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.
Export reference: BibTeX
RIS (EndNote, ProCite, RefMan)
HTML/Text
Persistent link: https://EconPapers.repec.org/RePEc:spr:intchp:978-3-319-30948-4_8
Ordering information: This item can be ordered from
http://www.springer.com/9783319309484
DOI: 10.1007/978-3-319-30948-4_8
Access Statistics for this chapter
More chapters in International Law and Economics from Springer
Bibliographic data for series maintained by Sonal Shukla () and Springer Nature Abstracting and Indexing ().