Decision-making powers and institutional design in competition cases: the Brazilian experience

Abstract

This article discusses the experience of Brazil regarding institutional design and decision-making powers and Brazil's efforts to enhance its convergence to international best practices, thereby improving Brazil's competition law enforcement. We describe the history of Brazil's competition law and policy system, and go on to discuss the benefits, as well as the efficiency and productivity costs, that result from the bifurcation of prosecutorial and adjudicative roles within the administrative system; warn that independency for a competition agency can be a two-edged sword; and emphasize the need to consider resources when designing and implementing merger and control systems.