LEADER 08170nam 22004693 450 001 9911008992203321 005 20231111060230.0 010 $a9786586352955 035 $a(MiAaPQ)EBC30874729 035 $a(Au-PeEL)EBL30874729 035 $a(CKB)28804947600041 035 $a(OCoLC)1409028506 035 $a(Perlego)4281167 035 $a(Exl-AI)30874729 035 $a(EXLCZ)9928804947600041 100 $a20231111d2023 uy 0 101 0 $aeng 135 $aurcnu|||||||| 181 $ctxt$2rdacontent 182 $cc$2rdamedia 183 $acr$2rdacarrier 200 10$aCompetition $eA Contemporary Perspective on Unilateral Conduct 205 $a1st ed. 210 1$aSão Paulo :$cEditora Singular,$d2023. 210 4$d©2023. 215 $a1 online resource (439 pages) 327 $aIntro -- Titlepage -- Table of Contents -- Preface -- Overview of Cade's analysis of unilateral conducts -- Daniel O. Andreoli -- Mariana Llamazalez Ou -- Cade, competition advocacy and unilateral practices: analysis and perspectives -- Guilherme Teno Castilho Misale -- Carlos Eduardo Tobias -- Luiz Pires de Oliveira Dias -- Comparative efficiencies analysis within unilateral and vertical conducts -- Paula Camara B. de Oliveira -- Paloma Caetano Almeida -- Bruna Silvestre Prado -- Procedural Institutes to Challenge Unilateral Conduct and the Proper Allocation of the Burden of Proof -- Bruno De Luca Drago -- Private enforcement of competition law: remedies in unilateral conduct cases -- Adriano Camargo Gomes -- Kelly Fortes Violada -- Unilateral conduct: exploitation, exclusion and legitimate competition -- Elizabeth Farina -- Fabiana Tito -- Luísa Portilho -- Juliana Ortiz -- Refusal to deal - an overview of cade's jurisprudence over the last five years -- Carolina Matthes Dotto -- Giuliana Marchezi Franceschi Gonçalves e Requena -- Cade and the risk of price control relapse -- Ricardo Botelho -- Felipe Carvalho -- Excessive pricing as an abuse of market power -- Ana Paula Paschoalini -- Vitor Jardim Barbosa -- Gustavo H. Kastrup -- Resale price maintenance and antitrust enforcement in Brazil: an in-depth analysis of Cade's decisions -- Fernando Amorim -- Conditional discounts by dominant companies: parameters for legal assessment -- Ricardo Botelho -- Loyalty rebates - what lessons can we take from the intel case? -- Ricardo Motta -- Lívia Melo -- Price discrimination in antitrust environment -- Dayane Garcia Lopes Criscuolo -- Pricing in multilateral platforms: what are the conditions for identifying price predation? -- Anna Olimpia de Moura Leite -- Gabriel Silva Takahashi -- João Carlos Nicolini de Morais. 327 $aPredatory behavior and dominant hybrid platforms: new dimensions of competition or anticompetitive conducts?1 -- Giovanna de Cristofaro -- Jessica Gusman Gomes -- Stephanie Scandiuzzi -- Challenges of antitrust in the context of network society -- Luísa Faria -- These are my rules: an initial take on self-preferencing, digital platforms and the old competition law -- José Carlos Berardo -- The Google Shopping Case in Brazil: a case study -- Enrico Spini Romanielo -- Fernando Stival -- Parity clauses: competitive effects on the hotel online booking market -- Fernanda Dalla Valle Martino -- Fernanda Duarte Calmon Carvalho -- Clara Ji Hyun Lim -- Unilateral conducts in blockchains: from the impossibility of occurrence in public blockchains to the obstacles of identification and accountability of agents in private blockchains -- Polyanna Vilanova -- Julia Werberich -- Ana Flávia Napoli -- Unilateral conducts in the pharma sector: Cade track record -- Guilherme F. C. Ribas -- Luiz Eduardo Jahic -- Nicholas Cozman -- Is the Exclusivity of Breweries in Sponsoring Popular Festivals an Infringement of Competition Law? -- Allan Fuezi Barbosa -- Shelf space policies: efficiency and limits -- Daniel Athias -- Julia Krein -- Leonor Cordovil -- Challenges to divestitures in the Brazilian refining market -- Ricardo Ferreira Pastore -- Lucas Griebeler da Motta -- Copyright-page. 330 8 $aThe proliferation of economic agents with market power, especially those operating in the digital economy and which add unprecedented dynamic and complexity to it, has sparked heated discussions among academics, professionals, and competition authorities around the world regarding the effects of their actions on the market and consumers.Unlike classic cartels - a conduct that has been treated as per se unlawful in Brazil, regardless of the production of effects under Brazilian competition law - unilateral conduct falls into a gray area, encompassing different practices with different effects on the market. In this sense, examples of unilateral conduct that may be considered anticompetitive are numerous, both under old and new labels: predatory pricing, abusive pricing, resale price maintenance, imposition of exclusivities, parity clauses, price discrimination, discrimination of commercial conditions (self-preferencing), price squeeze, refusal to deal, among others.The competition analysis of such conduct - which may occur in traditional "brick and mortar" markets as well as in digital environments involving various platforms and arrangements like blockchain - for the purpose of a decision by the authority on whether they constitute anticompetitive practices or not, involves a highly complex analysis of various factors. The analysis must consider the presence of dominant positions, real or potential detrimental effects on competition, efficiencies, justifications, economic rationale for the conduct, and, for some schools of thought, a weighing of anticompetitive effects and efficiencies.Due to the complexity, specificities, and dynamism of unilateral practices, especially in digital markets or hybrid digital platforms, there is a question of whether the instruments currently available to competition authorities are sufficient to understand and rule on such practices. In this regard, the analysis of various cases in relatively recent jurisprudence shows a pursuit for new forms of interpretation and application, and even updates, to the methodologies of analysis and of applicable legislation, in order to strike a balance between intervention to curb anticompetitive practices to the extent necessary for protecting competition, without resulting on undue interference in the involved markets or on disincentives to innovation.Historically, discussions about exclusivity clauses and resale price maintenance have been central in this type of investigation, but digital platforms are effectively changing this landscape, giving rise to discussions on new types of conduct or more sophisticated forms of implementing traditional types of conduct, which have become possible or potentially more serious through new technologies, the broad reach of platforms, the collection of massive data, and the international nature of the largest players in these markets. Notions of relevant market, theories of harm, and standards of consumer welfare or protection traditionally adopted by antitrust authorities are under study and may be revised.The heterogeneity of legal systems in different jurisdictions is another complicating factor for national authorities in the analysis of conduct practiced by companies with market power internationally. All these analyses are present in the 25 articles written for this publication by IBRAC. We have articles focused on traditional methods of analysis in traditional markets, as well as articles addressing new trends and recent discussions in digital markets and platforms. In times of pandemic and economic crisis, as expected, approaches to prices and pricing strategies are recurring themes in the works compiled here. 606 $aAntitrust law$7Generated by AI 606 $aMarket share$7Generated by AI 615 0$aAntitrust law 615 0$aMarket share 700 $aOlimpia$b Anna$01826272 701 $aMotta$b Ricardo$01826273 801 0$bMiAaPQ 801 1$bMiAaPQ 801 2$bMiAaPQ 906 $aBOOK 912 $a9911008992203321 996 $aCompetition$94394251 997 $aUNINA