The book has been organized in five sections. The first one deals with goals of antitrust law and policy in the digital area, as well as legal tools and economic analysis. Authors discuss the inclusion of objectives beyond economic welfare in competition policies in the US, Europe
and Brazil; consumer choice under the consumer welfare standard; the revival and the role of behavioral economics in antitrust; particularities (or not) of competition in digital markets and multi-sided digital platforms; and data protection (in opposition to data itself) as a potential
valuable tool to antitrust analysis.
The second Section of the book is dedicated to merger control, including articles for and against the adjustment of notification thresholds in Brazil; the question about scrutinizing killer acquisitions; the discussion concerning the need of a ‘new merger analysis’ for digital markets; bankruptcy and a screening test for failing firm defense; and trends based in CADE’s caselaw, including relevant market definition, complexity declaration, associative agreements, the health industry and the very recent Boeing-Embraer case.
The third Section is about behavior control and is divided into three chapters, beginning with papers applicable to all types of conducts. Contributors discuss tendencies and modifications in the antitrust analysis of competitive behavior in digital markets, and procedural flaws and how to correct them. Among horizontal behavior, authors analyze price algorithms, labor related practices such as wage fixing and non-poaching agreements, hub and spoke infringements and exchange of sensitive information. The reviewing of consequences and concerns related to the hypothetical knock out of a leniency agreement closes this chapter.
Among unilateral conducts, articles approach trends based on recent CADE’s precedents, and specific practices such as on-line bans, geoblocking and geopricing, bundled payments in the health care industry and the Google shopping case. Section four is dedicated to competition advocacy and antitrust policy in specifically regulated markets. Authors deal with CADE’s role in the pandemic; new regulatory
proceedings issued by the Secretariat of Economic Law (SEAE); clauses constraining market shares in public biddings; competition policy in the cryptocurrency market; open banking; and competition in the Brazilian payments industry.
Last but not least, Section five approaches antitrust litigation, ranging from private actions for antitrust damages – the relation between public enforcement and private actions; perspectives; disclosure of relevant materials and information, including in connection to leniency agreements; pass-on-defense – to arbitration in antitrust disputes and specialized courts.
The final result is a very important and interesting book, comprising high valued opinions and personal views on a vast set of contemporary subjects. We congratulate all contributors and hope readers enjoy this journey!
Tabella dei contenuti
FOREWORD
About the Coordinator
About the Authors
Section 1 Antitrust law and policy in the digital era: goals, legal tools, and economic
analysis
– Hipster antitrust and the Brazilian legal system
– The case for consumer choice under the consumer welfare standard
– The relevance of behavioral economics in antitrust competition in digital markets: experiences and perspectives
– Brazilian antitrust policy for multi-sided digital platforms: recent developments
Data or data protection? Antitrust implications of a missing distinction
Section 2 Merger control
– Merger control in the digital era: should Brazil revise its thresholds?
– The necessity of adjusting the current merger notification thresholds in Brazil
– Do digital markets require a ‘new merger analysis’?
– Digital markets and relevant market definition: challenges brought up in Cade’s recent decisions
– Killer acquisitions in innovative markets: should the acquisition of startups be subject to greater antitruste Scrutiny?
– Merger control in the healthcare sector: antitruste challenges in view of the recent Cade case law
– Complexity declaration in merger control: Cade’s r Recent case law
– The future of merger review: new perspectives for ‘associative agreements’
– Black swans, bankruptcy, and competition: a screening test to identify failing firms
– Boeing-embraer tie-up approval
Section 3 Behavior control
– The future of antitrust: two important procedural flaws in Brazilian antitrust system and how to correct them
– Technology and digital markets: what changes in the Antitrust conducts analysis?
– Cade enforcement trends based on investigations opened in 2019
– Use of pricing algorithms and antitrust enforcement in Brazil
– Labor practices as antitrust violations: trends in Brazil And worldwilde
– Hub-and-spoke infringements and possible unfolding to Cartel enforcement in Brazil
– The use of economic screening in bid-rigging cartel Investigations
– Digital economy and the sharing of competitivelysensitive information: notes on the Brazilian antitruste framework and experience and the challenges ahead
– What if the leniency agreement gets knocked out?
– Recent trends in unilateral conducts in the digital markets and Cade’s approach to this type of conduct
– Online bans: what are the challenges ahead?
– Big data, geopricing and geoblocking
– The bundled payments model generates incentives to anticompetitive acts by the health insurance companies
– Internet giants and antitrust: the google shopping case
Section 4 Competition advocacy and antitrust policy in specifically regulated markets
– Competition advocacy: the importance of Cade’s role in The pandemic
– Antitrust in new regulatory proceedings
– The Brazilian competition policies and its (non) applicability to the cryptocurrency market: a national regulation overview
– Constraints clauses of market share in the public bidding proceedings
– Open banking in Brazil: between regulation & Competition
– Competition in payments in Brazil: a converging agenda for Cade and the Central Bank
– Open banking in Brazil: potential competition concerns and what could be done
Section 5 Antitrust litigation in Brazil: damages and beyond
– Public antitrust enforcement and private actions forantitrust damages: building a model
– Civil damages claims: past, present and future?
– Damage claims and leniency programs: legislative perspectives in Brazil
– Disclosure of leniency materials in Brazil: an analysis of legislation, administrative regulations and court decisions
– Private enforcement: access to relevant documents in Brazil
– Pass-on defense: updates and new perspectives related to The bill 11, 275/2018
– Competition law and right to dignity: unavailable public Interest and federal jurisdiction
– Arbitration in antitrust disputes
Circa l’autore
About the Coordinator
Priscila Brolio Gonçalves. Experienced lawyer with practice focused on Economic Law,
especially Antitrust. Founding partner of Brolio Gonçalves Advogados. Ph D (2008), Master of
Laws (2002) and Bachelor of Laws (1997) (University of São Paulo). Visiting Researcher
(LSE, 2008). Director of IBRAC (since 2020). Non-governmental adviser for the ICN.
Speaker. Author of books and articles.
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