Competition Law in Brazil

Business Law Brief - Nbr. IV-1, October 2007

Gustavo Mathias Alves Pinto - LLM at Harvard Law School
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Summary:

I. Introduction. II. Agencies Within the System .A. Secretariat of Economic Law. B. Secretariat for Economic Monitoring .C. Administrative Council of Economic Defense .III. Preventativ e role of the Administrativ e Council of Economic Defense .IV. R estraining role of the Administrativ e Council of Economic Defense. V. Conclusion

Extract:

Competition Law in Brazil

Gustavo Mathias Alves Pinto, has a double degree from the Law School of the University of São Paulo and Business h to form a business combination must obtain authorizatSchool of the Getulio Vargas Foundation. He is the former Chief of Division of the Secretariat of Economic Law of the Department of Justice. Mr. Pinto is currently obtaining his LLM at Harvard Law School.

Gustavo Mathias Alves Pinto, has a double degree from the Law School of the University of São Paulo and Business School of the Getulio Vargas Foundation. He is the former Chief of Division of the Secretariat of Economic Law of the Department of Justice. Mr. Pinto is currently obtaining his LLM at Harvard Law School.

I. Introduction

With the stabilization of the Brazilian currency, and the privatization and opening up of the market that began in the 1990s, it became vital to develop an antitrust policy that the new market reality: companies needed clear and stable rules. In this context, Law 8,884, was promulgated on June 11, 1994 to establish antitrust regulation in Brazil.

The 12 years since Law 8,884 came into force cannot be compared with the 116 years during which the United States has been governed by the Sherman Act.1 Nonetheless, Brazilian la...

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