Banca de QUALIFICAÇÃO: Isabela Maiolino

Uma banca de QUALIFICAÇÃO de DOUTORADO foi cadastrada pelo programa.
STUDENT : Isabela Maiolino
DATE: 09/08/2024
TIME: 09:00
LOCAL: https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fsciencespo.zoom.us%2Fmy%2Fburnier&d
TITLE:

Remedies in Merger Control: An Analysis of the Brazilian Experience and Future Perspectives

KEY WORDS:

Merger remedies. Concentration control system. Cade. Law nº. 12.529/11. Merger.

PAGES: 84
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This thesis analyzes of the Brazilian experience regarding the application of antitrust remedies and presents perspectives for the future based on the first ten years of Law No. 12.529, of 2011, and on the best practices indicated by doctrine and international experience. To achieve this, it presents a quantitative survey of the remedies applied by the Administrative Council for Economic Defense (Cade) for the period between January 2013 and December 2022, through which 59 cases of Concentration Acts approved with restrictions were identified. The cases are analyzed based on the following criteria: year of judgment by Cade's Tribunal; type of remedy applied (behavioral or structural); type of operation (international or national); whether there is an interested third party; the identified competitive effects; the comparison between the competitive effects and the type of remedy applied; the method of application of the remedies (whether imposed or negotiated); the place of negotiation; the monitoring adopted; provision for arbitration as a method of dispute resolution; timing of the buyer's definition. The results obtained are evaluated in light of national and international guidelines for the application of remedies, highlighting the bottlenecks identified in the practice of applying remedies. Finally, the analysis aims to outline trends for the coming years based on the scenario determined by the research.

COMMITTEE MEMBERS:
Interna - 1828282 - AMANDA ATHAYDE LINHARES MARTINS RIVERA
Externo à Instituição - MARCELO CÉSAR GUIMARÃES - MEC
Presidente - 1884024 - PAULO BURNIER DA SILVEIRA