Soft Law and competition policy: promoting competition through guidelines in Brazil

• Autor(a) principal: Cruz Filho, Otávio Augusto de Oliveira
• Data de Publicação: 2022
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Revista Processus de Estudos de Gestão, Jurídicos e Financeiros (Online)
• Texto Completo: https://periodicos.processus.com.br/index.php/egjf/article/view/822
• topic: Competition. Enforcement. Guidelines. Soft Law.; Direito da Concorrência. Enforcement. Guias. Soft Law.

This paper examines the use of soft law in competition policy. The focus is on the guidelines issued by the Brazilian competition authority in order to foster a better understanding of the competition law and enforcement approaches. The economic agents and their legal advisors benefit from these measures, as they increase the predictability and transparency of competition enforcement, facilitate self-assessment, and improve legal certainty for business transactions that often involve high monetary sums. From previous experience, these guidelines are often well perceived by local competition community as there is an increasingly concern with the objective of gathering information from interested parties to facilitate the drafting of higher quality documents through public consultations.