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Brazil underwent a peer review of its competition law and policy in 2018. This review was undertaken after Brazil’s request to become Associate to the Competition Committee. The report focuses on the extent to which the laws, institutions, policies and enforcement practices in Brazil are in line with the OECD competition policy instruments. This review finds that Brazil’s competition regime was successfully overhauled in 2011 with the introduction of the new Competition Law. The reform streamlined competition law and policy in Brazil, consistent with international practices and with areas identified for improvement in previous reviews in 2005 and 2010. There are, however, areas for improvement. Key recommendations include: improving the institutional set-up in terms of separation of investigatory and decision-making bodies, staff and appointment of Commissioner and the General Superintendent; prioritising abuse of dominant cases, improving settlement policy in line with international standards and clarifying the methodology for setting fines.
See also: Follow-up to the Nine Peer Reviews of Competition Law and Policy of Latin American Countries (2012) Competition Law and Policy in Brazil: A Peer Review (2010) Peer Reviews of Competition Law and Policy in Latin America: A Follow Up (2007)
Table of contents 1. Introduction 2. Context 3. Institutional design and arrangements 4. Substantive Issues: Content and application of the competition law 5. Enforcement procedures 6. Sanctions and remedies 7. Private actions 8. Competition Advocacy 9. International co-operation 10. Conclusions and Recommendations |
WHAT ARE PEER REVIEWS? “Peer reviews” are a core element of the OECD work. The mechanisms of peer reviews vary, but it is founded upon the willingness of a country to submit its laws and policies to substantive questioning by other peers. The process provides valuable insights into the country under study, getting to the heart of ways in which each country deals with competition and regulatory issues, from the soundness of its competition laws to the structure and effectiveness of its competition institutions. Moreover, these reviews incorporate recommendations for changes in government policy. » |
LATIN AMERICAN REPORTS ON COMPETITION Since 2003, the OECD and the Inter-American Development Bank have collaborated on a series of reviews of competition policy and law in Latin America. Most of these reviews are performed during the Latin American Competition Forum which is held every year in a different country in Latin America and the Caribbean. |
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