The protection of competition by the Brazilian Antitrust Authority and the European Commission: an analysis of cases involving Google

Abstract

This article aims to compare the  performance between the Brazilian Antitrust  Authority: The Administrative Council for Economic  Defense (Cade) and The European Union  Antitrust Commission (EC), based on the study  of anticompetitive practice procedures involving  Google, in both jurisdictions. For this purpose,  it is pointed that the European Antitrust  Authority performance can be used as source  for Cade’s action in cases involving antitrust law violation. To achieve the research purposes,  it’s set as main objective the analyses  of the procedures at Cade and the European  Commission’s in defense of competition. The  specific objectives are settled: (i) to present  view of the Brazilian Defense of Competition  System (SBDC); (ii) to present the competition  defense model adopted by the European  Union; and (iii) to report the procedures in  both jurisdictions involving Google. From the  cases studied it is possible to conclude that, although  Cade has developed its procedures on  anticompetitive practice trial over the years,  the European Commission, has been more active  and rigid, and therefore this action can be  used as a parameter to the Brazilian antitrust  authority. This is qualitative research, a monographic  procedure, an inductive approach and  a bibliographic research technique.