Post by nurnobi85 on Feb 12, 2024 11:41:29 GMT 5
Am not aware of acts of concentration that were not capable of having any effects within the national territory. In this regard, I reproduce the following considerations: “It is known that today a considerable portion of the Merger Acts presented to the Brazilian Antitrust System are the result of operations carried out abroad. Therefore, it is important to analyze whether they have at least potential effects on competitive stability in Brazil, or even any influence on the internal market. […] Now, art. 2nd of Law 8,884/94 is quite incisive when determining the local scope of application of the Law. Any practice, act, or operation should only.
Be analyzed by the Brazilian Competition Defense System if it is practiced in Brazil, or that in its territory produces or may produce effects. In this sense, it is the application of the principles of territoriality and ubiquity. […] Based on the application of a systematic interpretation of the aforementioned Dubai Email List legal provision, I understand that the indication of the competitive environment presumably affected by such acts is exactly within the legal provisions of art. 2nd, by delimiting the national territory as the scope of application of Law No. 8,884/94.” It is therefore noted that the subsumption of the specific case to art. 2nd, it constitutes a sine qua non condition for the applicability of any provisions.
Therefore, the field of application of art. 54 and its paragraphs, to those cases in which there is production or possibility of significant effects in national territory . From the combination of art. 2nd with art. 54, the following reading appears: “Art. 54. Acts, in any form manifested, that may limit or in any way harm free competition [in the national territory] , or result in the domination of relevant markets for goods or services, must be submitted for assessment by CADE”. Based on this interpretation, the understanding of § 3 of the above article becomes easier.
Be analyzed by the Brazilian Competition Defense System if it is practiced in Brazil, or that in its territory produces or may produce effects. In this sense, it is the application of the principles of territoriality and ubiquity. […] Based on the application of a systematic interpretation of the aforementioned Dubai Email List legal provision, I understand that the indication of the competitive environment presumably affected by such acts is exactly within the legal provisions of art. 2nd, by delimiting the national territory as the scope of application of Law No. 8,884/94.” It is therefore noted that the subsumption of the specific case to art. 2nd, it constitutes a sine qua non condition for the applicability of any provisions.
Therefore, the field of application of art. 54 and its paragraphs, to those cases in which there is production or possibility of significant effects in national territory . From the combination of art. 2nd with art. 54, the following reading appears: “Art. 54. Acts, in any form manifested, that may limit or in any way harm free competition [in the national territory] , or result in the domination of relevant markets for goods or services, must be submitted for assessment by CADE”. Based on this interpretation, the understanding of § 3 of the above article becomes easier.
