Post by nurnobi85 on Feb 12, 2024 6:44:36 GMT
Effects on free competition at the national level, corroborated by the two alternative hypotheses listed in § 3 of art. 54 of Law 8,884/94, refers exclusively to participation in the relevant national market and gross revenue in the national territory. Thus, both from an economic and legal perspective, it is clear that acts occurring outside the national territory between foreign companies that have lower revenue than that required by the Antitrust Law in Brazilian territory should not be known by the CADE Plenary, unless the sum of market shares of the companies involved exceed the 20% rate of the relevant market reached.
Add to this the report of the Notification and Procedures subgroup of the Merger Group of the International Competition Network, dated September 2002,15 published a list of three16 recommendations to guide the procedures for notification and analysis of economic concentration operations, by Dubai Email List the notification competition authorities. The third recommendation refers to the moment in which a given transaction must be notified: (3) moment of notification. Of particular relevance to the discussion presented here is the first recommendation entitled “nexus to reviewing jurisdiction”. It was agreed among the members of the subgroup that only operations that could affect domestic.
Competition should be analyzed by competition defense authorities. Using the idea of “jurisdictional nexus”, the members of this group argue that the operation, in order to be analyzed, must be able, even if potential, to produce effects in the territory of a given country. It is believed that the analysis of operations without any connection with the jurisdiction causes unnecessary costs to competition defense agencies, implying the commitment of resources that should be allocated to the analysis of operations that actually have the potential to affect domestic competition. When establishing notification criteria, the subgroup suggests that competent authorities take into account the “scenario.
Add to this the report of the Notification and Procedures subgroup of the Merger Group of the International Competition Network, dated September 2002,15 published a list of three16 recommendations to guide the procedures for notification and analysis of economic concentration operations, by Dubai Email List the notification competition authorities. The third recommendation refers to the moment in which a given transaction must be notified: (3) moment of notification. Of particular relevance to the discussion presented here is the first recommendation entitled “nexus to reviewing jurisdiction”. It was agreed among the members of the subgroup that only operations that could affect domestic.
Competition should be analyzed by competition defense authorities. Using the idea of “jurisdictional nexus”, the members of this group argue that the operation, in order to be analyzed, must be able, even if potential, to produce effects in the territory of a given country. It is believed that the analysis of operations without any connection with the jurisdiction causes unnecessary costs to competition defense agencies, implying the commitment of resources that should be allocated to the analysis of operations that actually have the potential to affect domestic competition. When establishing notification criteria, the subgroup suggests that competent authorities take into account the “scenario.