2011 EU-Brazil agreement LACAC (linked to ICAO) rather than Mercosur is mentioned in the EU-Brazil Agreement. This reference may be a sign on the wall for regional aviation organizations and air transport integration in Latin America. As to competition, Brazil and the EU and its Member States agreed on the following: “The competition laws of each Party, as amended from time to time, shall apply to the operation of the air carriers within the jurisdiction of the respective Party. The parties share the objective of compatibility and convergence of competition law and will cooperate ads appropriate and when relevant on application of competition law.” (see art 15) BRAZIL CADE = single competition authority. It has had a leading role, in Latin America, in organizing conferences and traineeship programs in competition policy. Law nº 8.884, from 11 June 1994. This new legislation modernized national competition policy by creating the three abovementioned bodies that form the BCPS nowadays. Law 8884, by its terms, applies to “individuals, public and private companies, [and] to individual and corporate associations,” however organized, “notwithstanding the exercise of activities regarded as a legal monopoly” (Art. 15), thus to companies operating in regulated sectors (only exception: banking sector). The competition law applies fully to civil aviation. Substantive provisions of Brazil’s competition law Articles 20, 21, and 54. Art 20 and 21 = all types of anticompetitive conduct, other than mergers Conduct : horizontal agreements (see Rio-Sao Paulo airlines cartel – box 1), abuse of dominance position Art 54 = mergers, acquisitions, and similar transactions REVOKATION BY LAW Nº 12.529 OF NOVEMBER 30, 2011 New system and Competition Law It structures the Brazilian System for Protection of Competition; sets forth preventive measures and sanctions for violations against the economic order; amends Law No. 8.137, of December 27th, 1990, Decree-Law No. 3.689, of October 3rd, 1941 – Code of Cr imin a l Proc e dur e , and Law No. 7.347, of July 24th, 1985; revokes provisions of Law No. 8.884, of June 11th, 1994, and Law No. 9.781, of January 19th, 1999; and sets forth other measures
2011 EU-Brazil agreement LACAC (linked to ICAO) rather than Mercosur is mentioned in the EU-Brazil Agreement. This reference may be a sign on the wall for regional aviation organizations and air transport integration in Latin America. As to competition, Brazil and the EU and its Member States agreed on the following: “The competition laws of each Party, as amended from time to time, shall apply to the operation of the air carriers within the jurisdiction of the respective Party. The parties share the objective of compatibility and convergence of competition law and will cooperate ads appropriate and when relevant on application of competition law.” (see art 15) BRAZIL CADE = single competition authority. It has had a leading role, in Latin America, in organizing conferences and traineeship programs in competition policy. Law nº 8.884, from 11 June 1994. This new legislation modernized national competition policy by creating the three abovementioned bodies that form the BCPS nowadays. Law 8884, by its terms, applies to “individuals, public and private companies, [and] to individual and corporate associations,” however organized, “notwithstanding the exercise of activities regarded as a legal monopoly” (Art. 15), thus to companies operating in regulated sectors (only exception: banking sector). The competition law applies fully to civil aviation. Substantive provisions of Brazil’s competition law Articles 20, 21, and 54. Art 20 and 21 = all types of anticompetitive conduct, other than mergers Conduct : horizontal agreements (see Rio-Sao Paulo airlines cartel – box 1), abuse of dominance position Art 54 = mergers, acquisitions, and similar transactions REVOKATION BY LAW Nº 12.529 OF NOVEMBER 30, 2011 New system and Competition Law It structures the Brazilian System for Protection of Competition; sets forth preventive measures and sanctions for violations against the economic order; amends Law No. 8.137, of December 27th, 1990, Decree-Law No. 3.689, of October 3rd, 1941 – Code of Cr imin a l Proc e dur e , and Law No. 7.347, of July 24th, 1985; revokes provisions of Law No. 8.884, of June 11th, 1994, and Law No. 9.781, of January 19th, 1999; and sets forth other measures