Competition Authority’s Powers over Regulated Markets: considerations under Cade’s case law in pharmaceuticals

Authors

  • Patricia Regina Pinheiro Sampaio CPDE/FGV Direito Rio
  • Heitor Campos de Azevedo Guimarães

DOI:

https://doi.org/10.18836/2178-0587/ealr.v3n2p281-306

Keywords:

Aberto, Espaço, Comunicação, Arte, Poesia

Abstract

This article reviews Brazilian competition case law agency regarding the pharmaceuticals. In Brazil, manufacturing, distribution and commercialization of medicines are highly regulated, including prices. In such strictly regulated market is there still room for antitrust enforcement by competition authorities? We start presenting an overview of the observed market failures in pharmaceuticals, the applying federal regulation, especially regarding price caps. Then, we take on Cade’s case law on anticompetitive practices of abusive pricing, predatory pricing and collusion, and its practices on merger review. By comparing both, we conclude that, on the one hand, sector regulation may prevent some potential anticompetitive practices. On the other hand, Cade has punished companies for cartel practices and imposed restriction on mergers, which show that competition authorities still have an important role to play in this market.

Downloads

Download data is not yet available.

Downloads

Published

2013-01-14

Issue

Vol. 3 No. 2 (2012): VI Congresso Anual do IDERS

Section

Papers

License

The submission of a paper to Economic Analysis of Law Review implies the transfer, by the author(s), to the Catholic University of Brasília (UCB), of the aforementioned work for purposes of reproduction, dissemination, distribution, printing, publication and availability.

This journal offers immediate free access to its content, following the principle that making scientific knowledge freely available to the public provides greater global democratization of knowledge.

Authors who submit manuscripts for publication in EALR irrevocably agree to the following terms:

  1. Authors retain copyright but grant Economic Analysis of Law Review the right of first publication, with the work simultaneously licensed under a Commons Attribution-Share License, after publication, allowing the sharing of the work with acknowledgment of its authorship and initial publication in this journal.
  2. Authors and EALR are authorized to sign additional contracts separately, for non-exclusive distribution of the version of the article published in this journal (e.g., publish in an institutional repository or as a book chapter), with recognition of authorship and initial publication in this journal.
  3. Authors are allowed and encouraged to publish and distribute their work online (e.g., in institutional repositories or on their personal webpage) at any point before or during the editorial process, as this can generate productive changes as well as increase impact and citation of the published work (see The Effect of Open Access).