Concorrência no Mercosul: para além do Protocolo de Fortaleza

Abstract

We address specific problems to be considered once the Protocolo de Fortaleza becomes a fully recognised agreement. Elimination of anti-dumping measures a la WTO, services competition and the interrelationship between the regulatory agencies and the competition offices, issues regarding the concept of relevant market and, in a broader view, harmonisation of rules, criteria, institutions and regional competitive environments, are discussed. The European experience, if properly adapted, can be of value. In this context, two important principles are singled-out: acknowledgement of an acquis Mercosul – which allows a realistic and constructive perspective when facing the integration challenges, and the wise use of subsidiarity, for faster developments with lighter central institutions. Dispute settlement, in the competition framework, is not tackled, though – in this case – we are favourable to the creation of a supranational organism. All these points do not naturally encompass everything required for the full implementation of a competition policy in Mercosul.