The construction of competition defense in MERCOSUL : a constructive perspective - cooperation and interests in internatiobal relation / A construção da defesa da concorrência no MERCOSUL : uma perspectiva construtivista - cooperação e interesses nas relações internacionais

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

23/08/2010

RESUMO

The historical mark of our study is "MERCOSUL Competition Defense Protocol – Fortaleza Protocol", of Dec/17/1996. Although this mark has been ratified by some State-Part of Mercosul, and in Brazil by Decree number 3.602, as of Sep/18/2000, in its few years of duration, it has demonstrated little improvements. The main causes are varied: political discrepancy, implementation difficulties, concurrent matters derived from global economic crisis. The search for balance in economical-legal relations around the globe, and its regional impacts in Latin America, is frequent in forums and international organizations, also including repression to economic power abuse and the competition defense, considering that an important element for the development of the region. This work is related to current regulatory situation of Mercosul, as well as in regional norms sphere as internal legislation of its countries, from the International relations constructivist theory point of view, with the objective of pointing out elements of development of interests and cooperation in the regulation of competition defense in the community if Mercosul, considering the regional integration project and its regulation. We intend to demonstrate the evolution of regulation in the anti trust subject, focusing the question through construction of interests, identities and cooperation, given the implementation of Mercosul as a regional integration process and considering the sovereign territorial limits subject of action of national organizations able to analyze anti trust in Mercosul. The subjects "development" and "competition defense" are currently present to international plan, so we can allocate cooperation with an essential component for progress and the consolidation of an integration process that must be innovative, dynamic, transparent, equitative, balanced and that searches for growth and economic development of South America countries. We may conclude as positive the progress and construction of a common regulation of competition defense, which has progressed, specially since 2004, even in an environment of asymmetry and political discrepancies, but converging to institutional agents.

ASSUNTO(S)

antitrust law direito antitruste construtivismo latin america latin america constructivism

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