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LEVY & SALOMÃO A D V O G A D O S

LEVY & SALOMÃO A D V O G A D O S. Competition Law in Latin America: Lessons to Learn The Brazilian experience. Ana Paula Martinez June 15, 2012 – Oxford. LEVY & SALOMÃO A D V O G A D O S. Why competition is important?. www.levysalomao.com.br. LEVY & SALOMÃO

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LEVY & SALOMÃO A D V O G A D O S

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  1. LEVY & SALOMÃO A D V O G A D O S Competition Law in Latin America: Lessons to Learn The Brazilian experience Ana Paula Martinez June 15, 2012 – Oxford

  2. LEVY & SALOMÃO A D V O G A D O S Why competition is important? www.levysalomao.com.br

  3. LEVY & SALOMÃO A D V O G A D O S Competition and Innovation: Inverted U Relationship www.levysalomao.com.br

  4. LEVY & SALOMÃO A D V O G A D O S Lesson No. 1 Competition law can do little for competition in the absence of a market-oriented framework www.levysalomao.com.br

  5. LEVY & SALOMÃO A D V O G A D O S Landmarks of Competition Law & Policy in Brazil 2012 www.levysalomao.com.br

  6. LEVY & SALOMÃO A D V O G A D O S Lesson No. 2 A mandatory post-merger system is extremely ineffective www.levysalomao.com.br

  7. LEVY & SALOMÃO A D V O G A D O S Lesson No. 2 www.levysalomao.com.br

  8. LEVY & SALOMÃO A D V O G A D O S Lesson No. 3 The agency needs to have adequate investigatory tools and sanctions should be designed and effectively applied to deter violations of the law www.levysalomao.com.br

  9. LEVY & SALOMÃO A D V O G A D O S Law amended in 2000 to include dawn raid powers and leniency agreement First leniency agreement executed in 2003. More than 20 agreements executed from 2003-2011 More than 300 search and seizure warrants served Direct evidence: (i) supports criminal charges; (ii) allows the competition agency to impose substantial fines; (iii) supports the administrative rulings before the Judiciary Administrative and criminal enforcement ensures deterrence www.levysalomao.com.br

  10. Estratégia Ações

  11. LEVY & SALOMÃO A D V O G A D O S Real Case: Gasoline Retail Market Operação Pacto 274: Economia de R$ 32 milhões Evolução do preço e do consumo de gasolina tipo C em João Pessoa www.levysalomao.com.br

  12. LEVY & SALOMÃO A D V O G A D O S www.levysalomao.com.br

  13. LEVY & SALOMÃO A D V O G A D O S Multimillionaire fines: is this the right way? www.levysalomao.com.br

  14. LEVY & SALOMÃO A D V O G A D O S Lesson No. 4 Cooperation among agencies is crucial to ensure outstanding results www.levysalomao.com.br

  15. LEVY & SALOMÃO A D V O G A D O S Leading Case: Rio Madeira (2007) A major Brazilian construction company entered into exclusivity agreements with all turbine suppliers with plants in Brazil prohibiting them to deal with other bidders in connection with the Rio Madeira energy bid The competition agency adopted an interim measure to suspend the effectiveness of the exclusivity contracts; Settlement reached before the bid took place following intense cooperation between enforcers and regulators Due to competition, the final price for the energy was 35% lower than the cap price www.levysalomao.com.br

  16. LEVY & SALOMÃO A D V O G A D O S Leading Case: Rio Madeira Total savings for the 30 years of the concession agreement are estimated in BRL16.4 billion www.levysalomao.com.br 6

  17. LEVY & SALOMÃO A D V O G A D O S Lesson No. 5 Develop a wider culture of competition www.levysalomao.com.br

  18. LEVY & SALOMÃO A D V O G A D O S Lesson No. 5 Develop a wider culture of competition www.levysalomao.com.br

  19. LEVY & SALOMÃO A D V O G A D O S What to expect now? www.levysalomao.com.br

  20. LEVY & SALOMÃO A D V O G A D O S Novo CADE Ana Frazão Eduardo Pontual Ricardo Ruiz Elvino Mendonça Marcos Veríssimo Alessandro Octaviani 21

  21. LEVY & SALOMÃO A D V O G A D O S Greatest challenge: implementation of the pre-merger regime and restructuring of the system Increased number of complex mergers filed (market consolidation) Top priority: prosecuting bid-rigging Next frontier: Private claims www.levysalomao.com.br

  22. LEVY & SALOMÃO A D V O G A D O S Ana Paula Martinez amartinez@levysalomao.com.br +55 11 3555 5059

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