Merger Control in Latin America - A Jurisdictional Guide, Paulo BURNIER DA SILVEIRA, Pamela SITTENFELD (dir.), présentation par Ivo GAGLIUFFI

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It is my greatest pleasure to write a short presentation to Merger Control in Latin America : A Jurisdictional Guide edited by Pamela Sittenfeld and Paulo Burnier da Silveira.

Both editors are leading competition experts in the region and they have managed to put together an excellent list of authors to write the chapters of this book. The book provides a comprehensive overview of merger control in Latin America, which has today 17 merger control regimes. Each one of these jurisdictions is subject to a detailed analysis through the chapters of this book. In addition, a final chapter provides a glance at merger control in the Caribbean countries, completing the full picture of the topic in the region.

The publication is also very timely : many jurisdictions in the region are still in their early days of merger control. The introductory chapter written by the co-editors highlights this recent proliferation of merger regimes in the region. It is also the case that Peru, my home country, adopted new legislation in 2019 which is expected to enter into effect during 2021.

The adoption of merger control represents a great challenge for the countries of the region. This includes challenges for governments and competition authorities related to the implementation of the new legislation, as well as to companies that will have to comply with the new rules. In this context, the book also provides useful reflections on the rules and practices of competition authorities, which may add to efforts around the world to promote greater convergence in the field of competition law.

Furthermore, because of the economic crisis generated by the COVID-19 pandemic, there is an expectation that a lot of businesses will have to leave markets, increasing concentrations and making merger control assessment harder for the competition authorities. Moreover, it is feasible that, to survive, undertakings will seek to merge with companies in stronger positions, thus stepping up the number of operations to review. Likewise, I think that authorities would address more frequently “failing firm defences” in their merger control cases, which will require an incredibly careful analysis.

In sum, the book offers a complete jurisdictional guide to practitioners and any other interested audience. It is a must-read for anyone who wishes to understand or learn more about merger control in Latin America and the Caribbean.

I wish you a great read !

Ivo Gagliuffi is former president of the Peruvian Competition Authority (Instituto Nacional de Defensa de la Competencia y de la Protecci.n de la Propiedad Intelectual – INDECOPI). He holds a law degree from the University of Lima and a postgraduate degree in corporate law from the University of Salamanca, specialising in competition law and intellectual property.

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Ivo Gagliuffi, Merger Control in Latin America - A Jurisdictional Guide, Paulo BURNIER DA SILVEIRA, Pamela SITTENFELD (dir.), présentation par Ivo GAGLIUFFI, novembre 2020, Concurrences N° 4-2020, Art. N° 98008, www.concurrences.com

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