Brazilian Antitrust Enforcement System in cooperation with the Department of Justice: Increasing Effectiveness through Responsive Regulation

Abstract

Purpose ”“ To analyze the possibility of a partnership between the Ministério Público (Public Prosecutor's Office), henceforth “MP” and the Conselho Administrativo de Defesa Econômica, henceforth “CADE” to enable a better analysis of the effects of concentration on relevant lower-income markets.

Methodology/approach/design ”“ Brief bibliographic review of the theory of responsive regulation in light of the current state of the Competition Defense System and possible further governmental innovations.

Findings ”“ There is room for an increased partnership between MP and CADE also in economic concentration analyzes, public communication and awareness, not only in cooperation to combat cartels, which can be a good space to be explored by the State for the implementation of new public policies.

Practical implications ”“ In this case, the understanding that there are new forms of partnership between the institutions under discussion would lead to possible changes in public policies directions in this area. In doing changes, we might achieve a great geographical spreading of the Brazilian System of Defense of Competition.

Originality/value ”“ This paper shows the originality bringing up a debate on which paths can be taken to advance in regulatory prevention of relevant markets that today do not receive attention.