In this issue:
Our Latin American issue is presented by Danny Sokol who, with Eleanor Fox, recently published Latin American Competition Law and Policy. In Argentina, Julián Peña takes a hard look at the increased judicialization of antitrust. Moving to Brazil, Ana Paula Martinez, director of the SDE, provides a historical context for cartel enforcement while Caio Mário da Silva Pereira Neto & Paulo Leonardo Casagrande offer a private sector view into Brazil’s antitrust system. From Chile, Paulo Montt provides an analysis of how competition law interfaces with sector regulation while Claudio Agostini, Eduardo Saavedra, & Manuel Willington address collusion using health care insurance as a case study. We finish in Mexico, where Gerardo Calderon outlines proposed changes to Mexico’s competition law and Víctor Pavón-Villamayor focuses on specific challenges of implementing joint dominance reforms. Goce el leer!
Latin America”Current Competition Issues
Latin America paints a picture of a region in which there are many changes in competition law and policy, both at the country level and regionally. D. Daniel Sokol, University of Florida.
The greater importance of competition cases (much higher fines and important merger cases) has forced the courts to a stricter scrutiny of the decisions taken by the Argentine antitrust enforcers. JuliÃ¡n PeÃ±a, Allende & Brea
Would it not be ironic, then, that by bringing the criminal prosecution system into the antitrust enforcement arena we unleashed the benefits of competition (this time, among institutions) and transformed our own enforcement framework? Ana Paula Martinez, SDE
The Brazilian competition agencies have been implementing some very important initiatives to further increment the effectiveness of their enforcement activities. Caio MÃ¡rio da Silva Pereira Neto & Paulo Leonardo Casagrande, Brasil, Pereira Neto, Galdino, Macedo Advogados
Competition law in Chile is no longer a specific issue monopolized by small elites of academics and highly skilled professionals but it has become a matter of public interest. Paulo Montt, University of Chile & FerradaNehme
This verdict shows that there is still needed improvement, particularly regarding punishing collusive practices. Claudio A. Agostini, Eduardo Saavedra, & Manuel Willington, Alberto Hurtado University
The proposed amendments are aimed to increase sanctions for illegal conducts, including criminalization of absolute monopolistic practices, and to strengthen the Federal Competition Commission’s powers to investigate and punish. Gerardo Calder, Valdes Abascal y Brito Anderson, SC
The following focuses on some of the challenges that the implementation of the concept of joint dominance may pose to the Mexican competition regime. Victor Pavon-Villamayor, Economists and Associates Consulting Group (GEA)