Doing the Math of Cartels: Unpuzzling Organized Corporate Crimes

42 Pages Posted: 27 May 2022

See all articles by Amanda Athayde

Amanda Athayde

University of Brasilia

Bruna Piazera

affiliation not provided to SSRN

João Victor Freitas

affiliation not provided to SSRN

Luiz Ros

affiliation not provided to SSRN

Priscila Craveiro

Silva Matos Advogados

Date Written: May 11, 2022

Abstract

To assess whether one or more cartel violations have taken place in real life investigations is not an easy task. Are there any parameters to determine whether collusive behaviors are multiple or single infringements, when those organized corporate crimes seem intertwined like a puzzle? Based on the international literature and on a review of the experience of the United States and of the European Union, this paper aims to scrutinize the ten parameters developed by some scholars to unpuzzle those organized corporate crimes. The “Car Wash Operation”, which uncovered a large corruption and cartel scheme in Brazil, is a live example of difficulty to understand if the investigation concerns one single cartel or multiple separate cartels. By an empirical analysis of all public proceedings related to the Car Wash Operation at the Antitrust Authority in Brazil, it will be possible to understand if the ten parameters developed by the scholars were fulfilled or not in real life investigations.

Keywords: collusion; cartel; multiple infringements; antitrust enforcement

JEL Classification: K21 ,K20

Suggested Citation

Athayde, Amanda and Piazera, Bruna and Freitas, João Victor and Ros, Luiz and Craveiro, Priscila, Doing the Math of Cartels: Unpuzzling Organized Corporate Crimes (May 11, 2022). Available at SSRN: https://ssrn.com/abstract=4106631 or http://dx.doi.org/10.2139/ssrn.4106631

Amanda Athayde (Contact Author)

University of Brasilia ( email )

Bruna Piazera

affiliation not provided to SSRN

João Victor Freitas

affiliation not provided to SSRN

Luiz Ros

affiliation not provided to SSRN

Priscila Craveiro

Silva Matos Advogados ( email )

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