Review of Decisions of the Competition Authority in Brazil: Reconciliation of the Judicial Trend with Due Process of Law

27 Pages Posted: 4 Jun 2020

See all articles by Lucas Pestana Macedo

Lucas Pestana Macedo

SciencesPo (LLM in Transnational Arbitration & Dispute Settlement) Sciences Po Law School

Date Written: December 10, 2019

Abstract

The present essay approaches an issue on transparency, due process and procedural fairness in Brazil’s competition law. Rather than extensively describing the Brazilian system, this paper intends to propose a solution to the problem of the Supreme Federal Court (STF) decision to deny the review on merits in the Judiciary of decisions issued by the Administrative Council for Economic Defense (CADE). Such a proposition aims to reconcile the trend set by the Brazilian Judiciary with the right of undertakings to a due process of law, in particular, the right to the double degree of jurisdiction. To do so, it will consider the peculiarities of the Brazilian Competition System, in special the unsuccessfully attempted previous models, the benchmark provided by the two main models (European and American) and peer agencies in Brazil, to finally propose and justify the implementation of a Second Instance Administrative Appellate Tribunal within CADE.

Keywords: Competition Law, Supreme Federal Court, Cade, Due Process, Procedural Fairness, Antitrust Law

JEL Classification: K21

Suggested Citation

Pestana Macedo, Lucas, Review of Decisions of the Competition Authority in Brazil: Reconciliation of the Judicial Trend with Due Process of Law (December 10, 2019). Available at SSRN: https://ssrn.com/abstract=3594950 or http://dx.doi.org/10.2139/ssrn.3594950

Lucas Pestana Macedo (Contact Author)

SciencesPo (LLM in Transnational Arbitration & Dispute Settlement) Sciences Po Law School ( email )

13 rue de l'université
Paris, 75007
France

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