Digital Platform Ecosystems and Conglomerate Mergers: A Review of the Brazilian Experience

World Competition 45 (4) (2022)

44 Pages Posted: 9 Dec 2022

See all articles by Nicolo Zingales

Nicolo Zingales

Getulio Vargas Foundation (FGV)

Bruno Renzetti

Yale University, Law School; University of Sao Paulo (USP), Faculty of Law (FD)

Date Written: November 30, 2021

Abstract

This paper highlights some of the key challenges for the Brazilian merger control regime in dealing with mergers involving digital platform ecosystems (DPEs). After a quick introduction to DPEs, we illustrate how conglomerate effects that are raised by such mergers remain largely unaddressed in the current landscape for merger control in Brazil. The paper is divided in four sections. First, we introduce the reader to the framework for merger control in Brazil. Second, we identify the possible theories of harm related to conglomerate mergers, and elaborate on the way in which their application may be affected by the context of DPEs. Third, we conduct a review of previous mergers involving DPEs in Brazil, aiming to identify the theories of harm employed (and those that could have been explored) in each case. Fourth and finally, we summarize and results and suggest adaptations to the current regime, advancing proposals for a more consistent and predictable analysis.

Suggested Citation

Zingales, Nicolo and Renzetti, Bruno, Digital Platform Ecosystems and Conglomerate Mergers: A Review of the Brazilian Experience (November 30, 2021). World Competition 45 (4) (2022), Available at SSRN: https://ssrn.com/abstract=4264806 or http://dx.doi.org/10.2139/ssrn.4264806

Nicolo Zingales (Contact Author)

Getulio Vargas Foundation (FGV) ( email )

Praia de Botafogo 190
Rio de Janeiro, 22250-900
Brazil

Bruno Renzetti

Yale University, Law School ( email )

127 Wall Street
New Haven, CT 06511
United States

University of Sao Paulo (USP), Faculty of Law (FD) ( email )

São Paulo
Brazil

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