Commercial contracts and the distribution of risks and results

In an article published on the JOTA website, Anna Binotto and Vinicius Marques de Carvalho discuss how competition law can contribute to discussions on the distribution of risks and results in commercial contracts.

“Thus, when debates arise about the allocation of risks and, in those times, about the allocation of losses arising from the economic activities object of contracting, the parties can use this antitrust reasoning to understand, for example, to what extent, from the perspective from competition and the market, for the development and preservation of the activity, the parties were seen as independent or, on the contrary, as a “joint venture”. It seems to us an interesting argument to be explored at a time of uncertainty like the current one.”

The full article in Portuguese is available here.

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