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INSTITUTIONAL
CADE publishes study on economic analysis of judicial and antitrust decisions
On 24 September, the Administrative Council for Economic Defense (CADE) released the working paper "Análise Econômica de Decisões Judiciais e Concorrenciais no Brasil: Metodologias e Aplicações", which discusses the integration between law and economy within the Brazilian Judicial Branch, focusing on the Supreme Federal Court (STF) and antitrust policy.
The study was developed under a technical cooperation agreement signed between the STF and CADE in April 2024, aimed at deepening the exchange of information, promoting joint studies, as well as improving the measurement on the economic impacts of judicial decisions and antitrust policies.
In addition, it presents the fundamentals of economic analysis applied in antitrust cases, as well as ex-ante and ex-post evaluation methods, with practical examples such as tax collection, judicialization of healthcare, and merger reviews.
The document also includes experiences from the United States, the European Union, Canada, Australia, and Colombia, offering reflections on the risks, challenges, as well as institutional proposals to strengthen the use of economic analysis in judicial and antitrust decisions.
In 2023, the STF established the Centre for Structural and Complex Litigation (NUPEC), and according to Mr Guilherme Resende, Special Advisor to the Presidency of the Supreme Federal Court, "NUPEC has worked to integrate economic analyses into the STF trials, and the partnership with CADE reinforces this effort, expanding the capacity to assess the impacts on the economy and society."
Meanwhile, the Department of Economic Studies (DEE) of CADE has become a benchmark in the application of economic methodologies in investigations and merger transactions.
Ms Lílian Marques, Chief Economist at CADE, highlights that “this partnership proves how the integration of economic analyses, when applied in other spheres, qualifies decision-making, positively impacting not only the Brazilian competition policy but also society as a whole.”
According to the study, economic analysis of the law enables judicial and administrative decisions to be more efficient, transparent, and capable of anticipating relevant socioeconomic impacts. The expectation is that the
document will serve as a reference for the continuity of cooperation between the STF and CADE, as well as a guide to future research and institutional practices.