GUN JUMPING IN BRAZILIAN ANTITRUST LAW: A CASE STUDY IN THE OIL INDUSTRY

Authors

  • Clarissa Brandão Universidade Federal Fluminense
  • Aline Teodoro de Moura Universidade do Estado do Rio de Janeiro

DOI:

https://doi.org/10.17768/pbl.y2.n2.p193-212

Abstract

This article presents some of the main changes introduced in the Brazilian antitrust system with the publication of Law no. 12.529, 2011, which introduced important changes in the control of acts of economic concentration - mergers, acquisitions, formation of joint ventures – which now began to be performed by the competent authority prior to the act of concentration, avoiding the consummation of transactions without the consent of CADE and analyzes the concept of Gun Jumping. The legislative change imposes a challenge for the Brazilian antitrust system: to define the boundaries between a lawful process of economic concentration and a Gun Jumping practice. In particular, a study was conducted on these impacts on the national oil industry in order to evaluate the performance of CADE in the implementation of the legislation.

 

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Published

2014-10-08

How to Cite

Brandão, C., & Moura, A. T. de. (2014). GUN JUMPING IN BRAZILIAN ANTITRUST LAW: A CASE STUDY IN THE OIL INDUSTRY. PANORAMA OF BRAZILIAN LAW, 2(2), 193–212. https://doi.org/10.17768/pbl.y2.n2.p193-212