Grinberg, Mauro; Paoletti, Camilla; Cordovil, Leonor --- "Brazil" [2010] ELECD 765; in Foer, A. Albert; Cuneo, W. Jonathan (eds), "The International Handbook on Private Enforcement of Competition Law" (Edward Elgar Publishing, 2010)

Book Title: The International Handbook on Private Enforcement of Competition Law

Editor(s): Foer, A. Albert; Cuneo, W. Jonathan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848448773

Section: Chapter 25

Section Title: Brazil

Author(s): Grinberg, Mauro; Paoletti, Camilla; Cordovil, Leonor

Number of pages: 8

Extract:

25 Brazil
Mauro Grinberg, Camilla Paoletti and Leonor Cordovil1


Introduction
This chapter aims to explain the Brazilian system of private antitrust enforcement. One
can even say that this chapter tries to explain why it does not work.
There are two lines of private actions concerning antitrust in Brazil: (i) private anti-
trust actions aiming to deter antitrust violations and (ii) private antitrust actions in order
to charge the violators for losses due to such violations.
Article 29 of the Brazilian competition law (Law No. 8.884/94) sets forth these two
lines of actions. Notwithstanding the provision of Article 29, Brazilian courts are still
learning how to deal with private antitrust enforcement. Despite 15 years of existence, the
application of the competition law by courts has still not made any significant progress.

1. How the competition system works in Brazil
Antitrust remedies may be obtained through the administrative level or the judicial level.
The administrative level of the Brazilian competition system (SBDC) consists of (i) a
body for economic analysis ­ Secretaria de Acompanhamento Econômico (SEAE), of
the Ministry of Finance, (ii) an administrative body ­ Secretaria de Direito Econômico
(SDE), of the Ministry of Justice, thus part of the executive branch and in charge of the
investigations, and (iii) a decision making agency ­ Conselho Administrativo de Defesa
Econômica (CADE), which is independent. Together, these three bodies are referred to
as the `Brazilian competition authorities.'
These are governmental or official entities that are governed by the Brazilian
competition law ...