23rd ICN Annual Conference begins

The 23rd edition of the Annual Conference of the International Competition Network (ICN) began on 15 May. The event gathers delegations from more than 80 countries in Costa do Sauípe, in the state of Bahia, Brazil, to discuss topics related to competition defence.

In his opening speech, Alexandre Cordeiro, the President of the Administrative Council for Economic Defense (CADE), recalled that this is the second time Brazil hosts the ICN Annual Conference. The first time was in 2012 and, according to him, it was a crucial moment for Brazilian antitrust policies. He stated that the implementation of the new competition law in the previous year had been a significant change to the country. “It raised our standards. Now, CADE is really closer to the best international practices. This shows the importance of international cooperation, which is the essence of this conference.”, added Mr Cordeiro.

According to the president, this year’s schedule brings innovations. The first one is a session focused on exploring the integration among global markets and the needs of local agriculture and food markets. He claimed that the main goal of the session was to present useful topics to all the jurisdictions that were taking part in the event. Another highlight is a plenary session on the challenges of technological developments in emerging markets. In addition, there will be a session on the effectivity of the engagement in communicating decisions to the general public.

Also during his opening speech, Mr Cordeiro recalled the floods that have devasted the Brazilian state of Rio Grande do Sul, one of the biggest natural disasters in the history of the country. He expressed his solidarity to those  affected by the floods and asked the audience to pray for Rio Grande do Sul.

The President of ICN, Andreas Mundt, also detailed a few topics that will be addressed during the event, such as the presentation of recommendations in non-horizontal merger reviews and data analysis in mergers. Mr Mundt highlighted that the ICN would continue to prioritise issues that are important to their members, such as approaches to digital markets. According to him, the organisation would advance in the advocacy efforts, which could sound trivial. However, from an economic point of view, nothing could do more for the citizens of the member countries of the ICN than a healthy competitive environment. “We are not price control agencies”, he affirmed. Finally, the president of the ICN commended CADE for the organisation of the event.

Douglas Alencar Rodrigues, the minister of the Brazilian Superior Labour Court (TST), also took part in the event. In his speech, he highlighted the connection between competition law and labour law. He stated that these areas have well-defined competencies in Brazil. The labour law gives the labour courts jurisdiction over disputes involving labour relations, including individual and collective actions, actions for damages, administrative sanctions, union conflicts, and payment of union contributions. On the other hand, according to the legislation, CADE is responsible for the assessment of potential market concentration and anticompetitive conduct.

Debate round

In the afternoon, representatives of the competition authorities of several countries gathered in discussion groups to debate topics like artificial intelligence, best practices and insights, efficient and effective use of emergency tools for unilateral conduct cases, and techniques to improve the operation of labour markets. Ms Carolina Helena Fontes, coordinator of the Antitrust Analysis Unit of CADE, participated in the session on unilateral conduct and shared CADE’s experience in the cases analysed. According to her, monitoring agreements signed in proceedings that involve such practices is crucial to mitigate losses.

Ms Fontes also mentioned that, in Brazil, the agreements could be monitored by the Brazilian antitrust agency or with the support of an international antitrust agency. “Possible cases of non-compliance are investigated and, if any violation is found, CADE can impose daily fines to guarantee compliance.”

During the first day of the event, CADE’s chief economist, Lílian Marques, Professor Simon Roberts, from South Africa, and the commissioner of the competition authority of the same country, Doris Lebogang, discussed the interaction between global markets and the local needs in the agricultural and food markets. Ms Lílian Marques highlighted the importance of the agricultural sector for the Brazilian GDP. In 2023, the Brazilian GDP increased 2.9% in comparison to 2022, reaching BRL 10.9 trillion, approximately 2.2 trillion dollars. Agricultural activities registered a growth of 15.1% during the same period, significantly impacting the global performance of this index. Ms Marques explained the role of CADE in the regulation of the sector in Brazil.

She claimed that CADE is focused on ensuring a competitive environment in the scope of antitrust legislation. In addition, the Brazilian antitrust authority is consistently engaged in efforts to strenghten competition in collaboration with other organisations that make public policies. This proactive approach highlights their commitment to promote a competitive environment.

The closing session is scheduled for 17 May, Friday. Access the event website to learn more.