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Interim Measures in the Recent Experience of Brazil's Antitrust Enforcement
Amanda Athayde
Cristianne Zarzur
Jackson Ferreira
出版
SSRN
, 2022
URL
http://books.google.com.hk/books?id=hMLbzwEACAAJ&hl=&source=gbs_api
註釋
Interim measures in antitrust enforcement are essential tools to deter the effects of anticompetitive practices while the outcome of antitrust investigations is pending. Nevertheless, interim measures may raise concerns if used wrongly as they may cause serious harm to the parties involved and eventually worsen the competition dynamics when compared to the pre-implementation period. This paper provides comments on some important results of OECD survey, looking at fundamental requirements when considering and applying interim measures. To substantiate this analysis, for illustrative purposes, some recent cases involving interim measures issued within the Administrative Council for Economic Defense - CADE, the Brazilian antitrust watchdog, will be addressed.