CADE promotes training on international cartels

On 3 March 2023, the Administrative Council for Economic Defense (CADE) held a seminar to promote the update and enhancement of the staff’s knowledge on the challenges the authority faces in cases of transnational antitrust violations. The presentation was conducted by professor Marek Martyniszyn, Law School of the Queen’s University Belfast, who is a specialist in the topic.

The research of Martyniszyn focuses on several aspects of competition law in international and transnational contexts, including international and exportation cartels, the limits of extraterritorial jurisdiction, the involvement of the State in anti-competitive practices, and the new challenges faced by antitrust systems.

The opening of the event was carried out by the Deputy Superintendent-General of CADE, Fernanda Machado, who emphasised the importance of this type of initiative to a better understanding of the challenges faced by the authority when dealing with international cartel cases. “The constant exchange of information on antitrust ideas and practices adopted in other jurisdictions is of extreme importance since they help to improve the implementation of competition law,” she said.

During the event, the speaker talked about the extraterritorial implementation of competition law, providing a perspective on the experience of developing countries and highlighting the importance of clear and flexible policies to deal with this complex issue based on the results of his three most recent works: Competitive Harm Crossing Borders: Regulatory Gaps and a Way Forward; Developing Countries’ Experience with Extraterritoriality in Competition Law – UNCTAD Report; as well as Intel, iiyama and Air Cargo: Far-Reaching Extraterritorial Application of EU Competition Law.

The report of the UNCTAD of 2020, the topic of one of Martyniszyn’s research, included a contribution by CADE. The study focuses on developing countries and highlights additional challenges they face, e.g., the lack of resources, limited expertise in competition law issues, and political pressure from other countries and foreign companies.

The report highlights that although the extraterritorial implementation of competition law can be a relevant tool to fight anti-competitive practices that harm the domestic economy, it can also generate controversies and challenges, especially in developing countries.

After the seminar, Marek Martyniszyn participated in a meeting with members of the Antitrust Analysis Unit 7, a unit of the Office of the Superintendent-General of CADE which analyses processes involving international cartels.