ATB-2012-57-2-02-Todorov, History of Competition Policy in Brazil, 1930–2010

By Francisco Ribeiro Todorov and Marcelo Maciel Torres Filho

As Brazil moved from a highly controlled and concentrated economy to a
freer and more competitive one, the antitrust regime developed. The article
outlines this historical process. We begin by addressing how the first
norms with antitrust-like provisions were created from the 1930s until
1962. We then discuss the difficult operation of the competition authority
(CADE) during the military regime from 1964 to 1985. After examining a
transition period marked by democratization and a new constitutional
order, we correlate the market-oriented reforms of the 1990s with what
became the first antitrust statute to be effectively implemented. We then
present the more well-known history of this 1994 statute: the initial focus
on merger control and the subsequent shift toward cartel enforcement.
The article concludes by examining the main challenges facing the Brazilian
competition authorities today, including the implementation of the
new antitrust statute passed in December 2011.

Antitrust, Competition, History, Brazil, Industrialization, Development, Institutions, Liberalization, Brazilian Competition Commission, Conselho Administrativo de Defesa Econômica—CADE.

Francisco Ribeiro Todorov is a Partner, Trench, Rossi e Watanabe Advogados, associated with Baker & McKenzie International, Swiss Verein.

Marcelo Maciel Torres Filho is a LL.M. Candidate (2012), Stanford Law School.