The evolution of a methodology for relevant market definitiion: an analysis of CADE’s jurisprudence on private higher educational markets

Authors

  • Thomaz Teodorovicz UFPR
  • Tainá Leandro ANCINE
  • Luiz Alberto Esteves CADE; UFPR

DOI:

https://doi.org/10.31501/ealr.v6i2.5155

Keywords:

Educação Física, NASFs, Políticas Públicas, Projetos Sociais.

Abstract

The implementation of antitrust legislation implies the delimitation of the smaller space in which any excessive market power could be exercised: the “relevant market”. Since 2007 a wave of mergers and acquisitions in the private higher educational market has placed a challenge upon Brazilian antitrust agency (CADE). Several methodologies to accurately define the relevant market have been used, also differentiating presence from distance education markets. This paper aims to structure the evolution of CADE’s methodologies for relevant market definition in the private higher educational segment, exposing their limitations and advances. Through a qualitative analysis of votes and technical documents regarding all higher educational cases analyzed by CADE (until May/2014), we found that the methodologies are becoming increasingly more pragmatic and quantitative, departing from a former “reasonability” approach towards a statistical method, in order to cope with newer levels of complexity in the private higher educational market.

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Published

2016-02-22

Issue

Vol. 6 No. 2 (2015): Economic Analysis of Law Review

Section

Papers

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