SelectedWorks - Daniel Favoretto

Selected Works of Daniel Favoretto

Master and Bachelor (Law); Competition lawyer; UNDP Consultant

Works
About

About Daniel Favoretto

Law

Present	Master (LL.M.) student, Fundação Getúlio Vargas ‐ FGV DIREITO SP
Institution Organization Student Type Student Title Degree Time Period to Options Currently enrolled Affiliate my profile with this Institution

Link

The Extraterritoriality of European Competition Law Under a Brazilian Perspective (Daniel Favoretto) Extraterritoriality of EU Economic Law (2021)

This paper explores the potential effects of European competition law’s extraterritoriality over Brazil, providing a Brazilian perspective of the phenomenon of the European Union’s growing regulatory power. This phenomenon can be approached from different angles, ...

Link

Antitruste e Privacidade (Daniel Favoretto and Marina Chakmati) Defesa da Concorrência em Plataformas Digitais (2020)

In light of the antitrust discussions about digital markets, issues of privacy are highlighted. In these markets, personal data are assets that confer competitive advantage, enabled by technological development that allow for fast gather and ...

Link

Enforcement antitruste em mercados digitais: o CADE e os remédios em fusões nos mercados de inovação (Daniel Favoretto) Defesa da Concorrência em Plataformas Digitais (2020)

Merger review is distinguishingly among the many fields of law currently challenged by digital markets. This paper analyzes these challenges and makes a comparative study over the Brazilian and international experience in this topic. The ...

Papers and articles (10)

Link

Inability to pay sob a perspectiva do CADE: Dosimetria e limites das sanções pecuniárias concorrenciais no Brasil e na Europa (Daniel Favoretto) Revista de Concorrência & Regulação (2023)

This paper analyses how competition agencies rule inability to pay arguments, based on Brazil and the European Union as case studies under a comparative law approach. Thus, this paper asserts how the Brazilian agency addresses ...

Link

Dealing with Moving Targets: a Brazilian Perspective of Enforcement in the Interface of Competition Law and Data Protection (Daniel Favoretto, Caio Mario S. Pereira Neto, Giulia de Paola, et al.) ASCOLA Conference (2023)

The interface between competition policy and data protection has expanded during the past few years following the fast development of digital markets and the enactment of data protection laws worldwide. However, this phenomenon has impacted ...

PDF

Unprecedented developments in animal rights: Lessons from Brazil and the pursuit of animal well-being (Daniel Favoretto and Samia Favoretto) Observatório Leges (2021)

This is a short paper of open access that consolidates recent empirical data and court decisions, regarding different fields of law related to non-human animal protection in Brazil. By adopting an interdisciplinary approach, the paper ...

Link

Robótica e inteligência artificial nos tribunais brasileiros: incentivos e desafios jurídicos para inovações públicas (Daniel Favoretto) Revista Jurídica Luso-Brasileira (2021)

Like in other jurisdictions, Brazil started developing projects of robotics and artificial intelligence in the Judiciary. These proposals, some already in force, contrast with law’s and the judicature’s secular traditions. However, two recent laws in ...

Link

Acordos substitutivos como precedentes administrativos: desafios do CADE e lições para o direito concorrencial europeu (Daniel Favoretto) Revista de Concorrência e Regulação (2020)

The use of settlements in public law enforcement raises challenges in many jurisdictions, including the European Union. In Brazil, these challenges have entered a new phase. Along with the increasing use of these instruments and ...

Link

Concorrência em mercados digitais e desafios ao controle de atos de concentração (Daniel Favoretto) Revista de Defesa da Concorrência (2019)

In order to contribute to the Braziliandebate regarding competition law in digital markets, this paper systematizes what it understands to be the competitive dynamics of these markets, listing the elements that distinguishes it, and identifies ...

Link

Minister Sergio Moro's First Weeks in Office: An Institutional Approach Toward the New Brazilian Ministry of Justice and Public Security (Daniel Favoretto) (2019)

This short paper gives an overview of Minister Sergio Moro’s first weeks as head of Brazil’s Ministry of Justice and Public Security, pointing out to institutional challenges that can potentially be faced over the forthcoming ...

Link

A cláusula rebus sic stantibus na Era Vargas: o impacto histórico do método jurisprudencial sobre contratos (Daniel Favoretto) Revista Jurídica Luso-Brasileira (2018)

The case Conteville/Maison Eloi was the first in which the Brazilian Judiciary, altogether, adopted the rebus sic stantibus clause and the theory of imprevision. By analyzing the judicial decisions of the case, under a legal ...

Link

Análise institucional da aplicação cível da lei antitruste: impactos sobre a atuação do CADE (Daniel Favoretto) Revista do IBRAC (2018)

Link

Controle da Administração pela Ação Popular e suas Implicações Extraprocessuais (Daniel Favoretto) Revista Jurídica Luso-Brasileira (2016)

Short articles published in Newspapers and Magazines (14)

PDF

Under an antitrust/anticorruption crossover, the Brazilian competition authority issued its opinion in a major bid rigging case (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2022)

CADE issues its opinion on a major bid-rigging case.

PDF

Brazilian Competition Authority signs 19 settlements in cartel investigations related to infrastructure sector (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2022)

In its latest judgment session, CADE's Administrative Tribunal accepted the settlement proposals of four major construction companies in a dozen cartel investigations related to the Brazilian infrastructure sector.

PDF

CADE launches investigation into alleged international cartel for broadcasting rights of sporting event (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2022)

CADE has launched an administrative proceeding to investigate an alleged international cartel among bidders of multi-territorial broadcasting rights for sporting events.

PDF

Despite the emerging case law, CADE authorises preliminary exercise of shareholder controlling rights on a merger review (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2022)

In a major transaction involving two leading companies of the port operation and cargo shipment sectors in Brazil, CADE granted an administrative injunction to allow the exercise of controlling shareholder rights, despite the transaction still ...

PDF

CADE releases report on the interface between antitrust and international trade policy (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2022)

On 9 December 2021, the Brazilian Competition Authority (CADE) issued a report about the interface between antitrust and international trade policy, based on a study developed by CADE’s Department of Economic Studies.

PDF

CADE resumes discussion on the use of the "advantage obtained" parameter in the calculation of cartel fines (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2021)

In a recent judgment session, the Administrative Tribunal of the Brazilian Competition Authority (CADE) resumed a longstanding debate over the correct method to calculate fines for cartel behaviour. The discussion concerns the legal parameter of ...

PDF

CADE prepares to launch antitrust probe on artists' exclusivity with major content producer (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2021)

Although a formal investigation has not yet been opened, Brazil's CADE has initiated a preliminary investigation into exclusivity deals between a major Brazilian television broadcaster and over a hundred of its most popular television artists. ...

PDF

CADE fines companies and individuals for cartel conspiracy in supply market of construction materials (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2021)

The Brazilian competition authority (Administrative Council for Economic Defense (CADE)) has ruled on a cartel case in the market for the supply of construction pipes and connexion tubes made with Polyvinyl Chloride (PVC) used for ...

PDF

Brazil's CADE conditionally clears a relevant transaction in the Brazilian natural gas sector (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2021)

The Brazilian Competition Authority (CADE) cleared a transaction involving the Brazilian state-owned enterprise Petrobras and White Martins (Linde Group) conditional upon to the signing of a Merger Control Agreement. The transaction could be considered a ...

PDF

CADE takes part in Brazilian regulators' joint initiative to address WhatsApp's new privacy policy (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2021)

On 7 May 2021, four Brazilian regulators issued a joint statement to WhatsApp Inc. and other Facebook companies, with recommendations regarding WhatsApp's new privacy policy (Policy). WhatsApp has now postponed the implementation of its new ...

PDF

Brazil’s Superior Court of Justice temporarily confirms CADE’s authority to investigate terminal handling charges by port operators (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2021)

In a new crossover between Brazilian courts, market-specific regulator, and the competition authority – the Administrative Council for Economic Defence (CADE) –, Brazil’s Superior Court of Justice (STJ) temporarily confirmed Cade’s authority to investigate the ...

PDF

Brazil: CADE launches probe targeting anticompetitive conduct in the labour market of the healthcare industry (Daniel Favoretto Rocha) Thomson Reuters UK Practical Law (2021)

Following an international stream of investigations regarding interactions among competitors involving competition in the labour markets, the Administrative Council of Economic Defense (CADE) has launched an administrative proceeding targeting potential anti-competitive behavior of HR departments ...

About Daniel Favoretto

Disciplines

Education

Book chapters (3)

Papers and articles (10)

Short articles published in Newspapers and Magazines (14)