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Resale Price Maintenance in Brazil: A Moving Target

BY | October 28, 2013

Ana Paula Martinez, Mariana Tavares de Araujo, Oct 28, 2013 Resale price maintenance is one of the current hot topics in the antitrust community, not only in the Europe and…

Ana Paula Martinez, Mariana Tavares de Araujo, Oct 28, 2013

Resale price maintenance is one of the current hot topics in the antitrust community, not only in the Europe and China, but also in Brazil. Brazil’s antitrust authority issued an unprecedented decision in February 2013—departing from previous case law—when, by majority, CADE’s Commissioners took the view that RPM shall be deemed to be illegal unless the defendant is able to prove efficiencies. While fixed-price RPM and

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