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Research on the Enforcement Systems of Brazilian Antitrust Law

Author: LouChunZuo
Tutor: LinYanPing
School: East China University of Political Science
Course: International law
Keywords: Brazilian antitrust law Enforcement system Competition culture Administrative proceeding Judicial review
CLC: DD912.29
Type: Master's thesis
Year: 2010
Downloads: 131
Quote: 0
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Abstract


An orderly and well developed economic is based on a competition environment, to create and maintain a good competition environment, a comprehensive antitrust law is not enough, we also need a sound and effective antitrust enforcement mechanisms. To challenge with the globalization of the economic, and in response to the domestic economic reform, an antitrust law was enacted in 1994 in Brazil, a series of antitrust agencies was established at the same time. Since the antitrust law was enacted, Brazil has been committed to fight against anti-competition acts such as cartels by enforcement the law effectively and making the law more perfect. Brazilian antitrust law was amended in 2000and 2007 respectively. In the past 15 years, the Brazilian Competition Police System enacted lots of guidelines and ordinaries based on the enforcement experience. In the background of international cooperation, Brazil makes cooperation with other countries and international organizations by taking part in the conference and agreements, and learns advanced enforcement mechanism from them to improve the Brazilian competition policy system.Brazil and China both are developing countries, and they are the members of“BRIC”, the similar economic background makes it possible that the comparison between China and Brazil is meaningful. Not only the setting of the Brazilian antitrust agency, but also the strong enforcement worth China thinking and taking reference at the beginning of the enforcement of the antitrust law.This paper consist of three parts, the first chapter introduces an overview of the Brazilian antitrust law, including legislative background, main contents, the basic regulatory framework and the object of Antitrust Law, and then analyze the amendments to the antitrust law in 2000 and 2007.The second chapter is the important part of the paper, which introduces the enforcement system of Brazilian antitrust law in detail. First of all, it introduces the division and function of the Brazilian enforcement agency. Secondly, it introduces the administrative proceedings and judicial procedures combined with the detailed system such as private lawsuit and merger notifications. Thirdly, it refers to the extraterritorial effects of the Brazilian antitrust law and the integration with other countries and international organizations.The third chapter analyses the enforcement system of Brazilian antitrust law. Brazil has made unremitting efforts to enforce the antitrust law, such as improvement of relevant legislation, issuing the Regulations, cultivating competition culture and reforming the enforcement agency. By the comparative study on Brazilian enforcement system, the paper finds the deficiencies of the enforcement system of China’s antitrust law, and then makes some suggestions for China.

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