Innovation concerns in horizontal mergers:
Objective: this paper investigates how Cade – the Brazilian antitrust authority – has addressed innovation concerns in merger assessments, using antitrust literature and the experiences of the United States and the European Commission as reference points. Method: review of academic and institutiona...
Saved in:
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | English |
| Published: |
Conselho administrativo de Defesa Econômica (CADE)
2025-06-01
|
| Series: | Revista de Defesa da Concorrência |
| Subjects: | |
| Online Access: | https://revista.cade.gov.br/index.php/revistadedefesadaconcorrencia/article/view/1927 |
| Tags: |
Add Tag
No Tags, Be the first to tag this record!
|
| Summary: | Objective: this paper investigates how Cade – the Brazilian antitrust authority – has addressed innovation concerns in merger assessments, using antitrust literature and the experiences of the United States and the European Commission as reference points.
Method: review of academic and institutional literature, data collection, and case studies.
Conclusions: although Cade follows the standard approach in its Guidelines used by the US and the European Commission, its experience with innovation concerns remains more limited than these jurisdictions. An innovation-specific assessment was conducted in only one case: Bayer/Monsanto (2018). In most cases, innovation was addressed within the standard analysis, often in an insufficient manner. The findings highlight the need to develop a local approach tailored to the Brazilian context, as much of the current discussion relies on foreign case law. Finally, no significant evolution was observed between 2015 and 2022.
|
|---|---|
| ISSN: | 2318-2253 |