Saturday, July 31, 2010
Posted by D. Daniel Sokol
Ana Paula Martinez, SDE asks 2003-2010: Brazil’s Anti-Cartel Effort—What’s Next?
ABSTRACT: According to the OECD 2010 Competition Law & Policy in Brazil-A Peer Review, "Brazil's anti-cartel programme is now widely respected in Brazil and abroad" and "In a few short years Brazil has developed a programme for criminally prosecuting cartels that places it as one of the most active of all countries in this area." Similarly, the 2008 and 2009 Rating Enforcement published by the Global Competition Review states, respectively, that "Brazil has the fastest-growing cartel enforcers in the world" and that "There were some notable achievements in the SDE's cartel busting programme in 2009, in terms of both results and procedure." Along the same lines, Thomas O. Barnett, while Assistant Attorney General of the U.S. Department of Justice, Antitrust Division, acknowledged "the great progress achieved on this front in Brazil. How did Brazil get there? To better answer this question it is important to look not only at the current situation but also back a few decades.