Restrições verticais e defesa da concorrência: a experiência brasileira

Abstract

This article reviews the Brazilian competition policy with regard to vertical restraints. Although relatively short, the Brazilian experience is surprisingly rich and consistent, particularly in comparison with the quite volatile U.S. enforcement towards vertical restraints, which ranged from severe interventions to an absolutely lenient approach. A significant number of the most important antitrust cases in Brazil are related to vertical restraints, and one of them resulted in the highest fine ever applied to a company by Brazilian authorities. Moreover, the necessary conditions to characterize an antitrust offence are relatively well set, comprising three main steps of investigation: a) the existence of dominant position, b) the feasibility and economic rationality of market foreclosure and raising the costs of rivals, and c) the efficiencies related to vertical control. The article comprises a summary of the economic controversy regarding vertical restraints, and a summary of the main cases decided by the Brazilian Commission (Cade).