The future of antitrust

Priscila Brolio Gonçalves

• Publisher: Editora Singular
• Year: 2021
• eBook ISBN: 9786586352078
• Edition: 1
• Topic: Law
• Subtopic: Administrative Law
• Index: Law

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, Europeand 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 potentialvaluable 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 regulatoryproceedings 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!

Table of contents

• Capa
• FOREWORD
• About the Coordinator
• SECTION 1
• 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:
• DATA OR DATA PROTECTION?
• SECTION 2
• 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:
• KILLER ACQUISITIONS IN INNOVATIVE MARKETS:
• MERGER CONTROL IN THE HEALTHCARE SECTOR:
• COMPLEXITY DECLARATION IN MERGER CONTROL:
• THE FUTURE OF MERGER REVIEW:
• BLACK SWANS, BANKRUPTCY, AND COMPETITION:
• BOEING-EMBRAER TIE-UP APPROVAL
• SECTION 3
• SUBSECTION 3.1
• WHAT ARE WE ACCUSED OF?
• TECHNOLOGY AND DIGITAL MARKETS:
• CADE ENFORCEMENT TRENDS BASED ON INVESTIGATIONS OPENED IN 2019
• Agreements among competitors/horizontal behavior
• USE OF PRICING ALGORITHMS AND ANTITRUST ENFORCEMENT IN BRAZIL
• LABOR PRACTICES AS ANTITRUST VIOLATIONS:
• 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 COMPETITIVELY-SENSITIVE INFORMATION:
• WHAT IF THE LENIENCY AGREEMENT GETS KNOCKED OUT?
• SUBSECTION 3.3
• RECENT TRENDS IN UNILATERAL CONDUCTS IN THE DIGITAL MARKETS AND CADE’S APPROACH TO THIS TYPE OF CONDUCT
• ONLINE BANS:
• BIG DATA, GEOPRICING AND GEOBLOCKING
• THE BUNDLED PAYMENTS MODEL GENERATES INCENTIVES TO ANTICOMPETITIVE ACTS BY THE HEALTH INSURANCE COMPANIES
• INTERNET GIANTS AND ANTITRUST:
• SECTION 4
• COMPETITION ADVOCACY:
• ANTITRUST IN NEW REGULATORY PROCEEDINGS1
• THE BRAZILIAN COMPETITION POLICIES AND ITS (NON) APPLICABILITY TO THE CRYPTOCURRENCY MARKET:
• CONSTRAINTS CLAUSES OF MARKET SHARE IN THE PUBLIC BIDDING PROCEEDINGS
• OPEN BANKING IN BRAZIL:
• COMPETITION IN PAYMENTS IN BRAZIL:
• OPEN BANKING IN BRAZIL:
• SECTION 5
• PUBLIC ANTITRUST ENFORCEMENT AND PRIVATE ACTIONS FOR ANTITRUST DAMAGES:
• CIVIL DAMAGES CLAIMS:
• DAMAGE CLAIMS AND LENIENCY PROGRAMS:
• DISCLOSURE OF LENIENCY MATERIALS IN BRAZIL:
• PRIVATE ENFORCEMENT:
• PASS-ON DEFENSE:
• COMPETITION LAW AND RIGHT TO DIGNITY:
• ARBITRATION IN ANTITRUST DISPUTES