Post by nurnobi85 on Feb 12, 2024 0:34:25 GMT -6
Which defines its competence to punish infractions committed abroad that produce or may produce effects in the national territory. Furthermore, the Rapporteur highlighted that: “there are certain acts, in Competition Law, which, although carried out abroad, affect the domestic market in such a way that it is as if they were carried out in the national territory itself: these are called “remote practices”. For these, Brazilian law simultaneously adopts the theory of ubiquity, in which the theory of activity and the theory of effect are combined. Consequently, Brazilian law applies not only to acts carried out in all or part of the national territory, but to those that produce or may produce effects there. If these acts constitute violations.
Against the Brazilian economic order, those responsible must be punished in accordance with Brazilian law, regardless of the fact that they have already been punished or, possibly, acquitted abroad”. Based on the principles mentioned, former Councilor Rodrigues-Chaves concluded that although the companies would not participate with 20% of the relevant market under analysis, the fact Dubai Email List that one of the participants (in this case, Nalco/Exxon Energy Chemicals, LP, controller of company Nalco/Exxon Energy Chemicals Brasil Ltda.) having sold, in the last year, worldwide a total of more than R$400 million, would make the operation susceptible to appreciation by.
This understanding was reaffirmed in several other CADE judgments. Note the discussion of the Sherwin Willians/Lazzuril/Elgin case, in which the Rapporteur, former Councilor Lúcia Helena Salgado e Silva, expressed herself as follows: “It is obvious that the billing criteria to be adopted encompasses the amount made by the entire group, made up of as many subsidiaries or branches that constitute it. Otherwise, if the revenue of a simple branch were adopted as a parameter, the potential that a large conglomerate has to exercise economic power would be dramatically underestimated; and this is not the foundation that supports the guidelines adopted by.
Against the Brazilian economic order, those responsible must be punished in accordance with Brazilian law, regardless of the fact that they have already been punished or, possibly, acquitted abroad”. Based on the principles mentioned, former Councilor Rodrigues-Chaves concluded that although the companies would not participate with 20% of the relevant market under analysis, the fact Dubai Email List that one of the participants (in this case, Nalco/Exxon Energy Chemicals, LP, controller of company Nalco/Exxon Energy Chemicals Brasil Ltda.) having sold, in the last year, worldwide a total of more than R$400 million, would make the operation susceptible to appreciation by.
This understanding was reaffirmed in several other CADE judgments. Note the discussion of the Sherwin Willians/Lazzuril/Elgin case, in which the Rapporteur, former Councilor Lúcia Helena Salgado e Silva, expressed herself as follows: “It is obvious that the billing criteria to be adopted encompasses the amount made by the entire group, made up of as many subsidiaries or branches that constitute it. Otherwise, if the revenue of a simple branch were adopted as a parameter, the potential that a large conglomerate has to exercise economic power would be dramatically underestimated; and this is not the foundation that supports the guidelines adopted by.