Edited by Albert A. Foer and Jonathan W. Cuneo
Mauro Grinberg, Camilla Paoletti and Leonor Cordovil1 Introduction This chapter aims to explain the Brazilian system of private antitrust enforcement. One can even say that this chapter tries to explain why it does not work. There are two lines of private actions concerning antitrust in Brazil: (i) private antitrust actions aiming to deter antitrust violations and (ii) private antitrust actions in order to charge the violators for losses due to such violations. Article 29 of the Brazilian competition law (Law No. 8.884/94) sets forth these two lines of actions. Notwithstanding the provision of Article 29, Brazilian courts are still learning how to deal with private antitrust enforcement. Despite 15 years of existence, the application of the competition law by courts has still not made any significant progress. 1. How the competition system works in Brazil Antitrust remedies may be obtained through the administrative level or the judicial level. The administrative level of the Brazilian competition system (SBDC) consists of (i) a body for economic analysis – Secretaria de Acompanhamento Econômico (SEAE), of the Ministry of Finance, (ii) an administrative body – Secretaria de Direito Econômico (SDE), of the Ministry of Justice, thus part of the executive branch and in charge of the investigations, and (iii) a decision making agency – Conselho Administrativo de Defesa Econômica (CADE), which is independent. Together, these three bodies are referred to as the ‘Brazilian competition authorities.’ These are governmental or official entities that are governed by the Brazilian competition law and directed by their own...
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