INTERVIEW : BRESIL - CHANGEMENT INSTITUTIONNEL - RESEAU INTERNATIONAL DE CONCURRENCE - CRISE ECONOMIQUE

Fernando Furlan, CADE: New President of CADE in key period

1. What is your educational background?

2. Two weeks ago, you were confirmed CADE’s President by the Brazil’s President, Mrs Dilma Rousseff, until 18 January 2012. Although CADE is quite familiar to you, what made you choose a career in competition given your interesting professional experience so far?

3. This year 2011 is supposed to be a turning-point for Competition law and Policy in Brazil. Latest news indicates that the Brazilian Senate has recently adopted a draft law amending the one previously passed by the Chamber of Representatives. Can you tell us more about the agenda of the on-going reform? Has the draft bill good chance of being adopted this year? In your view, has the election of, the Brazil’s new President, somewhat boosted the process?

4. Looking more precisely on the two main changes to be brought by the reform, namely the unification of the three pre-existing competition institutions and the adoption of an ex ante merger control, can you explain the main directions which are likely to be adopted?

5. With regard to the institutional change which is likely to emerge, will CADE, which appears to be the winner of the reform, be a real independent body? How do you see his relationships with other public bodies in particular the Government and the Courts? Many concerns were voiced in the past on both the lack of human resources and on the delays caused consequently. What, if any, internal changes do you expect in order to increase CADE’s effectiveness?

6. During the current transitory period, how is the enforcement process managed, in particular, since CADE’s number of Commissioners is below the minimum quorum required for adjudicating?

7. Turning now to antitrust practices, although competition law is quite recent in Brazil, fight against cartels has been successfully implemented in your country at both state and federal levels. Can you tell us more about the National Anti-Cartel Strategy? According to you, what are the key elements for an efficient battle against cartels? Are there any specific sectors targeted?

8. What are the main important cases on abuse of dominant position? What does make the credit card decision so interesting?

9. On the international front, Brazil has extremely increased its involvement in multilateral cooperation. In the International Competition Network (ICN) for instance, the current triangular competition institutions in Brazil, in general, and CADE, in particular, have been extremely engaged in the ICN’s work over the past years. And the organisation of the ICN’s annual conference next year in Brazil is a clear proof of it.

10. As far as bilateral cooperation is concerned, does CADE have closer relationships with Latin-American counterparts?

11. Brazil, which together with its Russian, Indian, and Chinese counterparts (and soon South Africa) are seen as key emerging giants also known as BRIC(S), have recently launched BRIC(S) annual gatherings on competition. How concrete is this network and what’s the specific role played by the Brazil’s competition authorities?

12. Brazil is one of the fastest growing major economies which have not been deeply affected by the global economic crisis. According to you, what, role (if any) did competition play in boosting the country’s competitiveness?

Interview conducted by Stéphanie Yon-Courtin, French External Trade in Normandy.

Fernando FURLAN:New President of CADE in key period Since 2011 President of Brazil’s Council for Economic Defence (CADE) 2005-2008 Head of the department of Trade remedies, Minister of industry and trade 2003-2005 Chief of Staff for the Minister of industry and trade 1. What is your educational background? I received my law degree from University of Brasilia (Brazil) in 1993 and my business administration degree from University of Santa Catarina (Brazil) in 1991. I received my PhD degree (Doctorat) in political science and international law from the University of Paris I – Panthéon-Sorbonne (France) in 2006, where I also received my master’s degree in political studies and international relations (2000). 2. Two weeks ago, you were confirmed CADE’s President by the Brazil’s President,

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Fernando de Magalhaes Furlan, Fernando Furlan, CADE: New President of CADE in key period, May 2011, Concurrences Review N° 2-2011, Art. N° 35653, www.concurrences.com

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