The concept of control is of great importance in the application of competition law, since it is a key element in determining when an economic concentration occurs and also has a decisive implication for liability for anti-competitive conduct. It is deeply influenced by the principle of economic reality and its characterisation is constantly evolving.
On the other hand, it is a notion that has its own features that distinguish it from the application given to it by other areas of law. What corporate law or insolvency law interpret as control is not equivalent to the definition of the concept in a competition case, which is mainly concerned with the ability to interfere in a company's competitive strategy.
Its decisive impact on enforcement and its particularities in terms of scope and application make it relevant to clarify the definition of control that the National Commission for the Defence of Competition (CNDC) has developed through numerous precedents.
The purpose of this document is to provide guidance on concrete applications that the concept may have in the proceedings that the CNDC carries out according to Act No. 27.442 on the Defence of Competition (LDC).