Banca de DEFESA: Isabela Maiolino

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : Isabela Maiolino
DATE: 16/12/2024
TIME: 09:00
LOCAL: https://sciencespo.zoom.us/my/burnier
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: 180
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This study analyzes the Brazilian experience regarding the remedies application in Merger Control Cases. It provides perspectives for the future based on the experience gained during the first eleven years of Law No. 12,529/2011 enforcement and on best practices identified in legal scholarship and international experience. To achieve this, the study conducts a quantitative assessment of the remedies applied by the Administrative Council for Economic Defense (CADE) from January 2013 to December 2023, analyzing the results according to the following criteria: the number of cases with use of remedies per year; the type of remedy applied (behavioral, structural, or hybrid); the geographic scope of the merger (international or national); the involvement of third-party stakeholders; the type of competition issue identified; the comparison between competitive effects and the type of remedy applied; if the remedies were imposed or negotiated; the instance where negotiations began (Tribunal or General Superintendence); monitoring mechanisms adopted; inclusion of arbitration procedures as a dispute resolution method; the timing of the buyer’s definition; analysis of remedies that were reassessed by CADE; cooperation with regulatory agencies, and the economic sectors involved. A total of 64 Merger Control Cases approved with restrictions were identified, which were evaluated considering national and international guidelines for the application of remedies. Based on the trends identified, the study suggests a reassessment of procedures by the competition authority regarding the following aspects: (i) prioritizing structural remedies as a guideline and using behavioral remedies as exceptions; (ii) addressing digital remedies; (iii) enhancing cooperation with regulatory agencies; (iv) strengthening the role of third-party stakeholders; (v) promoting international cooperation; (vi) improving monitoring of merger control cases; and (vii) implementing a policy for impact assessment of remedies. The recommendations assume the competition authority’s adherence to best practices in competition policy, aiming to improve competition defense through incremental advancements continuously.

COMMITTEE MEMBERS:
Externa à Instituição - JULIANA OLIVEIRA DOMINGUES - USP
Interna - 1828282 - AMANDA ATHAYDE LINHARES MARTINS RIVERA
Interna - 1977750 - CARINA COSTA DE OLIVEIRA
Externa à Instituição - LILIAN MANOELA MONTEIRO CINTRA DE MELO - MJSP
Presidente - 1884024 - PAULO BURNIER DA SILVEIRA