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See version in english Antritrust Law in Brazil: Fighting Cartels

MOLAN GABAN Eduardo et OLIVEIRA DOMINGUES Juliana, Wolters Kluwer, 2011, 448 p.

Antritrust Law in Brazil. Fighting Cartels, Eduardo MOLAN GABAN et Juliana OLIVEIRA DOMINGUES

Eduardo Molan Gaban, Juliana Oliveira Domingues

Eduardo Molan Gaban and Juliana Oliveira Domingues are already well known Antitrust Law practitioners in Brazil. Their practical experience (upwards of 10 years in antitrust/competition practice) combined with their academic merit (they both have PhDs with the Brazilian equivalent of starred firsts) provides for a clear and practical analysis of what is, ultimately, a theoretical and new area of law in Brazil. The authors each have between 15 and 20 articles to their name, published in books and specialized magazines, including overseas. They have also previously co-authored two books : “Estudos de Direito Econômico e Economia da Concorrência” (“Studies of Economic Law and the Economics of Competition”) and “Direito Antitrust” (“Antitrust Law”),which was awarded the prize “Economic Culture Trophy 2008 – Best Law Book”, and is in its third edition. The latter has been cited numerous times by academics, in articles and books, as well as public authorities, in decisions which shape Brazil’s jurisprudence, and, in fact, its third edition provided the basis for the English version.

The book is split into four parts : part one embodies the authors’ academic backgrounds, focusing heavily on the theory behind the 1988 Brazilian Federal Constitution ; part two explores the global evolution of Antitrust laws, going back to 1889 Canada, where the Act for the prevention and suppression of combinations formed in restraint of trade was introduced, exploring the development of the US and the EU’s policies and jurisprudence, showing how international practices influenced Brazilian laws (as these were, in fact, the basis for Brazil’s Antitrust laws and policies), and looking at concepts of economic laws and cartels, looking at their consequent effect on today’s economy, and vice versa ; part three looks at international hard core cartels, and how Brazil’s Antitrust Policies and authorities compare and relate internationally ; and finally, the Case Studies in part four provide a never before seen comprehensive study of Brazil’s Antitrust jurisprudence and its evolution, giving an in depth analysis of the landmark cases which saw Antitrust policies progress as the crimes themselves evolved.

The importance of this book in the international market is clear : it is the first time that such a comprehensive study about Brazil’s cartel investigations and antitrust system as a whole has been published in English. As Professor Eleanor M. Fox, of the New York University School of Law stated, “the book is an unusual combination of theory, concept, doctrine, facts, and figures. It should be of value to practitioners and scholars alike.” It is also noteworthy to mention that the book is completely up to date, encompassing an analysis and discussions based on the New Brazilian Antitrust Law, which got presidential approval on 30 November 2011, and will be implemented in 2012.

To speak of its merit, as the editors, Wolters Kluwer, put it “this book is the first to describe and analyse the workings and case law of the CADE, emphasizing the agency’s fundamental methodology” and it offers a “unique synthesis of constitutional law, comparative antitrust law, and CADE’s case Law”. Its versatility is evidenced in the up to date insightful knowledge, analysis, and know-how, relevant to scholars, practitioners, and authorities alike. It is a must have for anyone interested in the theory behind, and the evolution and workings of Antitrust Law in Brazil.

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Christine Holland, Antritrust Law in Brazil. Fighting Cartels, Eduardo MOLAN GABAN et Juliana OLIVEIRA DOMINGUES, February 2012, Concurrences Review N° 1-2012, Art. N° 42430, p. 262

Publisher Kluwer Law International

Date 1 December 2011

Number of pages 448

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