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Competition Law and Policy in Latin America: Recent Developments


ISBN13: 9789041160478
Published: August 2017
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £166.00



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Competition Law and Policy in Latin America: Recent Developments analyzes new competition laws and reforms in Latin America and provides an overview of the interface between competition law and other public policies. The Latin American countries, both individually and as a community, are poised to become increasingly important in the international recognition and enforcement of competition law. Recent policy developments in this region are particularly instructive on cross-border mergers and international cartel investigations. Although this book’s focus is on Latin America, its in-depth exploration of areas such as information exchange among competition authorities, compliance, settlements and remedies are of great value and interest to competition lawyers and policymakers worldwide.

What’s in this book:

Including numerous recent cases and best practice indicators, the contributors – competition authority officials, practitioners, international experts, academics and economists – cover such topics and issues as the following:

  • antitrust compliance programs;
  • competition advocacy;
  • bid rigging in public procurement;
  • predatory pricing;
  • use of indirect evidence in investigations;
  • shareholders’ damages claims;
  • relation between antitrust and intellectual property; and
  • merger control.
There are country-specific chapters on particular developments in Argentina, Brazil, Chile, Colombia, Ecuador, El Salvador, Mexico and Paraguay.

How this will help you:

This book discusses new trends of competition enforcement in Latin America and thereby helps practitioners become conversant in handling cases with an element of competition law involving Latin American countries. Highlighting the importance of international competition regulatory cooperation, this insightful book offers both practical guidance and food for thought to lawyers at national competition authorities, corporate counsel and other competition law practitioners and academics.

Subjects:
Competition Law, Other Jurisdictions , Latin America
Contents:
Editor and Contributors
Foreword António Gomes
Presentation Vinícius Marques de Carvalho

Part I Institutional Setups and Advocacy Efforts
CHAPTER 1 New Competition Policy in Mexico
Carlos Mena Labarthe
CHAPTER 2 New Competition Policy in Argentina
Julián Peña
CHAPTER 3 New Competition Policy in Paraguay
Cynthia Andino
CHAPTER 4 Antitrust Compliance Programs: The Brazilian Experience
Marcela Mattiuzzo
CHAPTER 5 The Dissemination of the Competition Culture in Brazil: The Role Played
by Civil Associations
Eduardo Caminati Anders & Guilherme Teno Castilho Missali
CHAPTER 6 Trends and Developments in Competition Advocacy in Latin America
Martha Martínez Licetti, Lucía Villarán & Tanja Goodwin
CHAPTER 7 Pro-competitive Regulatory Assessment in Latin America
Ania Thiemann, James Mancini & Rosana Aragón Plaza

Part II Enforcement Experiences: Anticompetitive Practices and Merger Control
CHAPTER 8 Bid Rigging in Public Procurement in Colombia: Evolution and Challenges
Germán Enrique Bacca Medina
CHAPTER 9 Predatory Pricing Policy for Latin American Emerging Economies
Pablo Márquez
CHAPTER 10 Bid Rigging in Ecuador
David A. Sperber
CHAPTER 11 The Case of Automotive Market in a Special Customs Area of Argentina
Alejandro Lucero & Fabián Pettigrew
CHAPTER 12 Exchanges of Information in Competition Law: The Chilean (Incipient) Experience
Javier Tapia & Vanessa Facuse
CHAPTER 13 Ten Years Fighting Cartels: The Case of El Salvador
Aldo Henrique Cáder Camilot
CHAPTER 14 The Use of Indirect Evidence in the Fight Against Cartels in Brazil
Paulo Burnier da Silveira & Pablo Reja Sánchez
CHAPTER 15 Shareholders' Damage Claims Against Company Directors for Antitrust Violations? The Japanese Experience and Possible Lessons to Brazil and Latin America
Amanda Athayde
CHAPTER 16 The Relation between Antitrust and Intellectual Property Law on CADE’s Case Law
Ana Frazão & Angelo Gamba Prata de Carvalho
CHAPTER 17 Merger Control in Mexico: Development and Outlook
Francisco Javier Núñez Melgoza

Part III International Cooperation
CHAPTER 18 Regional Coordination in Cartel Investigations: the Liquid Oxygen Case
Pierre Horna
CHAPTER 19 The Defense of Competition in Mercosur
Eugênia Cristina Nilsen Ribeiro Barza & Marcelo Cesar Guimarães
CHAPTER 20 Implications of the Trans-Pacific Partnership for Competition Policy
Martha Martínez Licetti, Graciela Miralles Murciego & Guilherme de Aguiar Falco

Index