Indirect Regulation, Antitrust Immunity and Public Undertakings in Brazil

Posted by Social Science Research Network

Indirect Regulation, Antitrust Immunity and Public Undertakings in Brazil – Roberto Domingos Taufick (Stanford Law School)

ABSTRACT: Section 31 of Brazil’s new antitrust law (Law 12,529/2011 – BNAL) keeps the Brazilian tradition of extending antitrust scrutiny over any legal entity, including public undertakings (PUs). In this paper I discuss how PUs may be and have been used to indirectly regulate sectors in Brazil, how they complement the work of industry-specific regulatory agencies and how have they been receiving informal antitrust immunity from the Brazilian antitrust agency (Cade).