Concurrences

Brazil: Compliance Programs and Abuse of Dominance Practices under Brazilian Competition Law – A Roadmap for Compliance Monitors

Mr. Oliveira Fernandes’ initiative consists of an article dealing with "Compliance programs and abuse of dominance practices under Brazilian competition law – A roadmap for compliance monitors." The Brazilian antitrust authority (Portuguese acronym CADE) has been following a worldwide trend in encouraging the adoption of competition law compliance programs. Nevertheless, one can see an apparent policy gap in the current optimal incentives for compliance program adoption in antitrust enforcement. While programs aimed to detect cartels are being increasingly rewarded with reductions in fines for antitrust infringements imposed by the competition authority, there is still little guidance on how compliance programs should be structured to detect prior and avoid abuse of dominance practices. As CADE’s approach to monopolization practices has relied on a variety of presumptions of lawfulness, this article explores three main elements that should be incorporated into an effective antitrust compliance program aimed to prevent monopolization: (i) a conservative assessment of market power; (ii) a strict and proportional standard for measuring efficiency justifications and (iii) a viable mechanism for submitting consultations to CADE’s Tribunal.

Testimonials

Tran Van Dung
Stinga (Paris)

In the current globalized economy weakened by the health crisis, this Concurrences’s initiative is ideal for developing and promoting of compliance antitrust.

The international dimension and the format of the event give an exceptional character to the image of the participation of many professionals representative of the ecosystem (lawyers, experts, public authorities, enterprises, etc.). The opportunity to experience a 360 ° view of the antitrust issue not to be missed.

For me, Legaltech’s innovation and digital solutions are both major elements and catalysts for an effective implementation in terms of compliance antitrust by bringing traceability, consolidation, confidentiality and security to enterprises.
Martijn Snoep
Netherlands Authority for Consumers & Markets (The Hague)

Netherlands 14 contributions 43665 visits

Compliance should be in focus for competition authorities. Prevention is always better than cure. Therefore, the Antitrust Compliance Summit & Awards initiative is to be lauded.
Martin d’Halluin
News Corp (New York)

United States 8 contributions 7890 visits

In its 2019 guidance, the U.S. Department of Justice emphasized that robust compliance programs need to be forward-thinking: "effective antitrust compliance programs not only prevent, detect, and address antitrust violations, they also further remedial efforts and help foster corporate and individual accountability". Concurrences’ idea to reward innovative compliance initiatives globally is also forward-thinking and should be applauded. I am delighted to be part of the Steering Committee and look forward to seeing a lot of creative programs.
Daniel Sokol
USC Gould School of Law (Los Angeles)

2 contributions 2168 visits

Compliance plays an integral role in antitrust/competition law and this initiative recognizes its growing centrality.
Dirk Middelschulte
Unilever (Brussels)

Belgium 6 contributions 5217 visits

From being a fringe activity for the legal profession, competition law compliance has become a key pillar of good corporate citizenship over the last 15 years or so. So much legal expertise, business insight and creativity goes into ever-more sophisticated and bespoke compliance programs. It is about time to recognize outstanding accomplishments in this important field, and I am very pleased that Concurrences has given me a chance to support their initiative.

Authors

Testimonials