History of Competition Policy in Brazil: 1930-2010

52 Pages Posted: 20 Sep 2013

See all articles by Francisco Todorov

Francisco Todorov

Baker & McKenzie

Marcelo Torres Filho

Trench, Rossi e Watanabe Advogados

Date Written: September 1, 2012

Abstract

As Brazil moved from a highly controlled and concentrated economy to a freer and more competitive one, the antitrust regime developed. The article outlines this historical process. We begin by addressing how the first norms with antitrust-like provisions were created from the 1930s until 1962. We then discuss the difficult operation of the competition authority (CADE) during the military regime from 1964 to 1985. After examining a transition period marked by democratization and a new constitutional der, we correlate the market-oriented reforms of the 1990s with what became the first antitrust statute to be effectively implemented. We then present the more well-known history of this 1994 statute: the initial focus on merger control and the subsequent shift toward cartel enforcement. The article concludes by examining the main challenges facing the Brazilian competition authorities today, including the implementation of the new antitrust statute passed in December 2011.

Keywords: Antitrust, Competition, History, Brazil, Industrialization, Development, Institutions, Liberalization, Brazilian Competition Commission, Conselho Administrativo de Defesa Econômica, CADE

Suggested Citation

Todorov, Francisco and Torres Filho, Marcelo, History of Competition Policy in Brazil: 1930-2010 (September 1, 2012). The Antitrust Bulletin, Vol. 57, No. 2, Summer 2012: 207, Available at SSRN: https://ssrn.com/abstract=2327925

Francisco Todorov

Baker & McKenzie ( email )

United States

HOME PAGE: http://www.bakermckenzie.com

Marcelo Torres Filho (Contact Author)

Trench, Rossi e Watanabe Advogados ( email )

Av. Dr. Chucri Zaidan 920
13o andar
São Paulo, 04583-904
Brazil

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