International Cooperation and Competition Enforcement

Name: International Cooperation and Competition Enforcement | Brazilian and European Experiences from the Enforcers' Perspective
Brand: Kluwer Law International
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Brazilian and European Experiences from the Enforcers' Perspective

Vinicius Marques de Carvalho Carlos Emmanuel Joppert Ragazzo(Herausgeber*in)

Kluwer Law International (Verlag)

Erschienen am 23. April 2014

264 Seiten

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Cover
Half Title Page
Title Page
Copyright Page
List of Editors and Contributors
Summary of Contents
Table of Contents
Preface A Move Forward on International Cooperation
Foreword On the Way to More Cooperation
Foreword International Cooperation: A Multifaceted Reality
Foreword Presentation: International Cooperation at a Glance
CHAPTER 1 Keep Calm and Carry On: Institutional Reform and International Cooperation in the United Kingdom
§1.01 INTRODUCTION
§1.02 OVERVIEW OF THE PRE-APRIL 2014 REGIME
§1.03 THE UK AND THE INTERNATIONAL COMPETITION COMMUNITY
§1.04 APRIL 2014 REFORMS TO THE UK SYSTEM
§1.05 PROSPECTS FOR THE INTERNATIONAL ROLE OF THE CMA FROM 2014
CHAPTER 2 Competition Policy and the Role of the Chief Economist's Office: The Use of Economic Evidence, the International Practices, and the Brazilian Experience
§2.01 INTRODUCTION
§2.02 THE COMPETITION POLICY UNDER A SYSTEMIC PERSPECTIVE AND THE USE OF ECONOMIC EVIDENCE
§2.03 THE ROLE OF ECONOMISTS AND CHIEF ECONOMIST'S OFFICE IN COMPETITION POLICY
§2.04 THE DEPARTMENT OF ECONOMIC STUDIES IN CADE: ORIGIN AND HISTORY
§2.05 CONCLUSIONS
CHAPTER 3 Regional Cooperation in Antitrust Enforcement: The European Competition Network and the Main Pillars on Which It Is Built
CHAPTER 4 Developments in and around the European Competition Network and Cooperation in Competition Enforcement in the EU: An Update
§4.01 INTRODUCTION
§4.02 THE ECN AND ITS MEMBERS
[A] Structures of NCAs in the ECN: Recent Evolution
[B] Portfolios of NCAs: Combining or Separating Competition Enforcement and Other Functions
[C] Recent Case Law: Principle of Effectiveness and Fundamental Rights
§4.03 GENERAL ASPECTS OF ENFORCEMENT BY EU COMPETITION AUTHORITIES
[A] Obligation to Apply EU Competition Rules: Effect on Trade
[B] Work-Sharing between Enforcers: Ne bis in idem
[C] Tools for Cooperation between Enforcers: Cross-Border Assistance in Investigations
[D] Decisional Powers of NCAs: 'Negative' Decisions
§4.04 ENSURING THE COHERENT APPLICATION OF EU COMPETITION RULES IN PRACTICE: CASE ENFORCEMENT BY THE AUTHORITIES AND ROLE OF THE COURTS
[A] Cooperation Fora of the ECN: Comprehensive Reports on Sectors
[B] Cooperation in Individual Cases: Sustained High Levels of Activity
[C] Interaction with National Courts and Preliminary Rulings of the European Court of Justice: Coherent Application through the Courts
§4.05 CONVERGENCE OF ENFORCEMENT TOOLS
[A] No Obligation to Harmonize Procedures and Sanctions but Increasing Convergence
[B] Voluntary Convergence I: The Example of Leniency
[C] Voluntary Convergence II: Need for Action in Other Areas?
§4.06 CONCLUSION
CHAPTER 5 International Cooperation in the Field of Competition Enforcement: Overview of the Polish Office of Competition and Consumer Protection's Experience
§5.01 INTRODUCTION
§5.02 GENERAL REMARKS ON THE POLISH COMPETITION LAW EVOLUTION AND THE ACTIVITIES OF THE OFFICE OF COMPETITION AND CONSUMER PROTECTION
[A] Brief History of the Office
[B] Organizational Framework
[C] Synergy: Bringing Competition and Consumer under one Umbrella
[D] UOKiK's Activity in Numbers
§5.03 INTERNATIONAL COOPERATION OF UOKIK: KEY TOOL TO INCREASING EFFECTIVENESS OF NATIONAL COMPETITION ENFORCEMENT
[A] Regional Cooperation in Europe
[1] European Cooperation in the Scope of Antitrust Matters
[2] European Cooperation in the Scope of Merger Control
[B] Bilateral Cooperation of the Office of Competition and Consumer Protection
[C] Multilateral Forms of Cooperation
§5.04 CONCLUSIONS
CHAPTER 6 Competition Law and Policy in Austria: The Merits of International Cooperation for Young Competition Agencies at the Example of Austria
§6.01 INTRODUCTION
§6.02 FROM 'EUROPEAN'S CHINA' TO A MODERN MEMBER STATE OF THE EU
§6.03 TOWARDS A MODERN ENFORCEMENT FRAMEWORK FOR COMPETITION LAW
§6.04 CURRENT EXAMPLES OF THE ONGOING COMPETITION COOPERATION PROCESS IN AND BEYOND EUROPE
[A] European Competition Network
[B] Marchfeld Competition Forum
[C] Euro-Mediterranean Competition Forum
[D] Cooperation Regarding Fuel Prices
[E] Bilateral Cooperation
[F] BRICS
§6.05 CONCLUSION
CHAPTER 7 Fighting Corruption and Promoting Competition in Brazil
§7.01 INTRODUCTION
§7.02 THE ANTI-CORRUPTION CONTEXT IN BRAZIL AND ITS INTERACTION WITH THE COMPETITION FIELD
[A] The Legal Context: How Competition Law Techniques Inspire Anti-corruption Law
[B] The Institutional Context
§7.03 INSTITUTIONAL COOPERATION BETWEEN CADE AND THE OFFICE OF THE COMPTROLLER GENERAL
[A] The Cooperation's Framework
[B] The Cooperation's Implementation
ANNEX 1 : PUBLIC SPENDING OBSERVATORY - ODP (OBSERVATÓRIO DA DESPESA PÚBLICA): A TOOL AGAINST BID RIGGING
CHAPTER 8 The Working Group on Trade and Competition Policies (WGTC) in Latin America and the Caribbean: Fostering Cooperation and Regional Integration of Markets
§8.01 INTRODUCTION
§8.02 COLLECTIVE ACTIONS NEEDED TO FIGHT CROSS-BORDER ANTI-COMPETITIVE BUSINESS PRACTICES: INFORMATION COOPERATION IS CRUCIAL FOR LATIN AMERICAN AND CARIBBEAN COUNTRIES
§8.03 PROMOTING RESEARCH AND STUDIES AT REGIONAL LEVEL ON ISSUES OF INTEREST TO TRADE AND COMPETITION AUTHORITIES: FOSTERING KNOWLEDGE OF SECTORS WITH VALUE-ADDED CHAINS TO INCREASE INTRA-REGIONAL TRADE AND INTEGRATION
§8.04 SHARING INFORMATION AND EXPERIENCES AS REGARDS TRADE AND COMPETITION: THE UNCTAD DATABASE
§8.05 FINAL REMARKS
CHAPTER 9 Merger Notification Policies towards Minority Shareholdings
§9.01 INTRODUCTION
§9.02 THE ANTITRUST CONCERNS BEHIND MINORITY STRUCTURAL LINKS
§9.03 MERGER NOTIFICATION REGULATIONS COMPRISING MINORITY SHAREHOLDINGS
§9.04 PROS AND CONS RELATED TO MERGER REVIEW POLICIES TOWARDS MINORITY SHAREHOLDING
§9.05 THE POSSIBLE EXTENSION OF EU'S MERGER REGULATION TO THE ACQUISITION OF MINORITY SHAREHOLDINGS
§9.06 COMMENTS ON MERGER NOTIFICATION POLICIES TOWARDS MINORITY SHAREHOLDINGS
CHAPTER 10 Brazilian Recent Experience on Cross-Border Merger Remedies
§10.01 INTRODUCTION
§10.02 FOMENTING COLLABORATION
§10.03 CASE ANALYSES
[A] Purchase of Mach of Luxembourg by Syniverse of the US
[B] Merger between the Swedish Company Munksjö AB and the Finish Ahlstrom Corporation
§10.04 CONCLUSION
CHAPTER 11 Transactions at the Fringe: A Discussion about the Scope of Merger Control Review in Brazil
§11.01 INTRODUCTION: DIVERSITY AS AN IMPORTANT PART OF THE GLOBAL COMPETITION AGENDA
§11.02 RECENT DEVELOPMENTS AROUND THE DEFINITION OF MERGER TRANSACTION IN BRAZIL: APPOINTMENTS ABOUT AN ONGOING DEBATE
§11.03 DEFINING MERGER TRANSACTIONS: A STRATEGIC DECISION
§11.04 ACQUISITION OF NON-CONTROLLING MINORITY INTERESTS: THEORETICAL JUSTIFICATIONS FOR THEIR SUITABILITY FOR MERGER REVIEW
§11.05 THE COMPETITIVE ENVIRONMENT IN BRAZIL
[A] The Effects of Corporate Law on Competition in Brazil
[B] The Brazilian Capitalism of Ties
§11.06 CONCLUSION
CHAPTER 12 The Judicial Analysis of Cade's Decisions Convicting the Companies Xerox and White Martins for Abuse of Dominant Position
§12.01 INTRODUCTION
§12.02 AN APPROACH TO THE ABUSE OF A DOMINANT POSITION
§12.03 CADE CASE ANALYSIS: XEROX AND WHITE MARTINS
§12.04 1ST DEGREE JUDICIAL DECISIONS - REPORTING JUDGE
§12.05 2ND DEGREE JUDICIAL DECISIONS - REVISING BODY
§12.06 CONCLUSION
CHAPTER 13 Protection of Confidentiality of Leniency Applications before Judiciary
§13.01 INTRODUCTION
§13.02 EU: IN QUEST FOR LEGAL GUIDANCE
[A] Current Legal Framework
[B] First EU Legislative Proposal-Directive on Damages Claims
[C] Diverging Practice in the EU
[D] Relevant Case Law of the EU Courts
[1] Pfleiderer-Missed Opportunity
[2] National Grid-Contrary National Position
[3] Hydrogene Peroxide-Positive Direction for the Rights of the Claimants
[4] ENBW-Liberal Approach/No Special Privilege for Competition
[5] Donau Chemie-No Absolute Protection for Cartel Case Files
[E] Related Issues
§13.03 NATIONAL POSITION OF NEW EU MEMBER STATE-CROATIA
§13.04 POSSIBLE SOLUTIONS
[A] Firm Guidance for Courts in Legislation and in Solid Case Law
[B] Absolute Protection of at least Leniency Statements
[C] Discretion for Courts' Decisions on Other Documents Related to Leniency Procedure, Such as Pre-existing Documents
[D] Waivers Useful Primarily in International Cartel Cases
§13.05 CONCLUSION
CHAPTER 14 International Cartels in Brazil: An Overview and a Look Forward
§14.01 INTRODUCTION
§14.02 EFFECTS THEORY
§14.03 AN OVERVIEW OF INTERNATIONAL CARTEL CASES IN BRAZIL
[A] Concluded International Cartels Cases
[1] Vitamins Cartel
[2] Lysines Cartel
[3] Peroxide Cartel
[4] Compressors Cartel
[5] Air Cargo Cartel
[B] Ongoing Investigations of Alleged International Cartels
[1] Fertilizers
[2] Marine Hoses
[3] Graphite Electrodes
[4] TFT-LCD Panels
§14.04 A LOOK FORWARD ON INTERNATIONAL COOPERATION
[A] New Legal Provisions for Agency-to-Agency Cooperation
[B] Importance of Leniency Policy for Competition Enforcement
§14.05 NEW SETTLEMENTS POLICY FOR CARTEL INVESTIGATIONS
§14.06 CONCLUSION
CHAPTER 15 The Use of International Experience in Anticompetitive Unilateral Conduct Investigations in Brazil: The SKF's Resale Price Maintenance Debate
§15.01 INTRODUCTION
§15.02 INTERNATIONAL COOPERATION
§15.03 SKF'S RPM CASE
[A] SKF's Defence
[B] SDE, MPF and ProCADE Opinions
[C] CADE's Decision
[1] Cesar Mattos' Opinion, Presented on 11 November 2009
[2] Vinícius Marques de Carvalho´s opinion, Presented on 19 January 2010
[3] Ricardo Machado Ruiz´s opinion, Presented on 23 February 2011
[4] Olavo Zago Chinaglia's Opinion, Presented on 31 August 2011
[5] Fernando de Magalhães Furlan's Opinion, Presented on 14 December 2011
[6] Marcos Paulo Veríssimo's Opinion and Eduardo Pontual's Opinion, Presented on 30 January 2013
§15.04 FINAL REMARKS
CHAPTER 16 Antitrust Enforcement in the Brazilian Financial Sector: The Principles of Competitive Neutrality Applied to State Commercial Banks
§16.01 INTRODUCTION: REGULATION, COMPETITION AND FINANCIAL CRISIS
§16.02 THE RELATIONSHIP BETWEEN FINANCIAL REGULATION AND COMPETITION POLICY AFTER THE CRISIS OF 2008: SOME COMMENTS ON THE BRAZILIAN EXPERIENCE
§16.03 THE ROLE OF BRAZILIAN STATE COMMERCIAL BANKS AFTER THE FINANCIAL CRISIS OF 2008: A NEW CHALLENGE FOR COMPETITION?
§16.04 COMPETITIVE NEUTRALITY AND ANTITRUST ENFORCEMENT: CADE'S RECENT DECISIONS RELATED TO STATE COMMERCIAL BANKS
§16.05 CONCLUSION
CHAPTER 17 License to (Co)operate: Proactive and Differentiated Competition Enforcement in the Dutch Health Care Sector
§17.01 ACM'S STRATEGY AND OVERSIGHT PHILOSOPHY
[A] ACM's Strategy
[B] ACM's Oversight Philosophy
§17.02 THE DUTCH HEALTH CARE SYSTEM IN A NUTSHELL
§17.03 ACM'S OVERSIGHT EFFORTS IN HEALTH CARE
[A] ACM's Interventions in Health Care: The Past
[1] Merger Control
[2] Cartel Prohibition
[3] Proactive Guidance
[B] Relevant Potential Problems in Healthcare: The Near Future
[1] Impediments That Prevent Markets from Functioning Properly as a Result of Which Health Care Expenditures Are Too High
[a] Monitoring of the Functioning of the Health Insurance Market
[b] Unnecessarily Expensive Drugs
[2] Reducing Opportunities and Options for Health Care Providers and Consumers
[C] Need for Proactive, Differentiated Approach in Health Care
§17.04 CASE EXAMPLE: SENSE OF URGENCY WITH REGARD TO HOSPITAL SECTOR
[A] Reasons for a Proactive Differentiated Approach
[1] Policy Changes: More Incentives for Health Insurers
[2] The Hospital Sector Called for Transparency in Advance
[3] Definite Answer Needed about Assessments of Collaborations and Mergers
[B] Guideline: 'Assessing Mergers and Collaborations in Hospital Care'
[1] Key Aspects of ACM's Assessments
[2] Differences between Assessments of Mergers and Collaborations
[3] What Does This Mean for Arrangements as Part of Collaborations?
[4] Hospitals
[5] Insurers and Patient Organizations
[6] What Does This Mean for Mergers?
[7] Hospitals
[8] Insurers and Patient Organizations
§17.05 CONCLUSION
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