PRACTICE: LATIN AMERICA - EXCLUSIVITIES - SETTLEMENTS - FMCG SECTOR

How Latin America has built on European exclusivities precedents in the FMCG sector

By analyzing exclusive dealing cases in the fast-moving consumer goods sector in Europe and Latin America, this article provides an overview of enforcement trends and a compliance reference for companies. In particular, recent creative Latin American remedies are put under the spotlight. Reflecting the prevalence of settlement cases, the main focus here is on practical outcomes, rather than economic reasoning.

I. Introduction 1. The focus of this article is unabashedly narrow: the competition law treatment of exclusive dealing in the fast-moving consumer goods (FMCG) sector in the European Union (EU) and Latin America. The European Commission took on many such cases in the late 1990s and early 2000s, while Latin American authorities have been much more active in such enforcement in the past 10 years, in many cases apparently taking inspiration from, and building upon, those earlier European cases. This article briefly recaps key European cases, and then brings the Latin American cases and their innovations to the fore. Many of the cases considered were settled, giving guidance on the behaviors that competition authorities expect, even if the supporting legal and economic background is

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  • Anheuser-Busch InBev (Johannesburg)

Quotation

Ben Graham, How Latin America has built on European exclusivities precedents in the FMCG sector, January 2015, Concurrences Review N° 1-2015, Art. N° 70705, www.concurrences.com

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