scholarly journals O DIREITO ANTITRUSTE BRASILEIRO E A REPRESSÃO À CONCORRÊNCIA ILÍCITA: FORMAÇÃO DE CARTÉIS E ACORDOS NA LEI 12.529/2011

2021 ◽  
Vol 5 (1) ◽  
pp. 83-95
Author(s):  
Isadora Santos ◽  
João Paulo Angelo Vasconcelos
Keyword(s):  
Public Policies ◽  
Competition Law ◽  
Economic Power ◽  
Antitrust Law ◽  
Economic Agents ◽  
Free Competition ◽  
Dual Protection ◽  
Competition Control ◽  
Deductive Method

The scope of this article is to study Competition Law and establish its conception in and for contemporaneity, based on which the Brazilian System for the Defense of Competition will be analyzed. Given its analytical and critical conception, the work is carried out according to the deductive method, without forgetting the use of the hermeneutic-dialectic approach. After analyzing some instruments considered adequate to repress cartelization, the study clarifies the nuances that permeate it from the perspective of the Competition Defense Law. Understood, in contemporary times, as an instrument for the implementation of public policies aimed at safeguarding free competition, the repression of the abuse of economic power and the pursuit of anti-competitive offenses, the Brazilian Antitrust Law structured a system of dual protection of competition - control of structures and conduct - and, by authorizing CADE to enter into agreements with infringing economic agents, it ensured the use of effective instruments for proving illegal practices, repression- punishment and prevention, especially with regard to cartels.

scholarly journals O Controle Concorrencial: Regulador do Mercado Interno na União Europeia

2014 ◽  
Vol 9 (1) ◽  
Author(s):  
Marcelo Schultes
Keyword(s):  
European Union ◽  
Regional Integration ◽  
Competition Law ◽  
Internal Market ◽  
Market Development ◽  
The European Union ◽  
Economic Agents ◽  
Competition Control ◽  
Integration Area ◽  
Union Competition

O CONTROLE CONCORRENCIAL: REGULADOR DO MERCADO INTERNO NA UNIÃO EUROPEIA COMPETITION CONTROL: REGULATOR OF THE EUROPEAN UNION INTERNAL MARKET  Marcelo Schultes RESUMO: O controle concorrencial tem exercido um papel importante na implementação do mercado interno no espaço de integração europeu, corrigindo distorções e abusos econômicos. Também é possível notar a interação do direito da concorrência com outras áreas do direito, como, por exemplo, a da propriedade intelectual. Observa-se, ainda, o alargamento dos objetivos das políticas de concorrência europeias, que passam a mirar também o desenvolvimento econômico sustentável e a inovação tecnológica. Neste artigo pretende-se analisar de que forma o controle da concorrência entre os agentes econômicos dos diferentes estados membros da União Europeia embasou a construção de um mercado interno efetivo, corrigindo distorções concorrenciais surgidas neste exitoso processo de integração regional. PALAVRAS-CHAVE: União Europeia; Concorrência; Mercado Interno; Desenvolvimento; Propriedade Intelectual. ABSTRACT: The competition control has played a major role in the implementation of the internal market within the European integration area, correcting distortions and economic abuse. It is also possible to observe the interaction of competition law with other areas of law, such as, e.g., the intellectual property. Furthermore, one observes an enlargement of the objectives of the European competition policy, which targets also the sustainable economic development and technological innovation. This article aims to analyze how the control of competition between economic agents of different member states of the European Union based the construction of an effective internal market, correcting distortions of competition emerged within this successful regional integration process.KEYWORDS: European Union; Competition Law; Internal Market; Development; Intellectual Property.SUMÁRIO: Introdução. 1. Sistema de Controle da Concorrência na União Europeia. 1.1. Regras Materiais do Direito da Concorrência. 1.2. Atuação da Comissão Europeia. 2. Estudo de Casos Judiciais e Administrativos. 2.1. Decisões do Tribunal de Luxemburgo. 2.2. Julgados da Comissão. Considerações finais. Referências.

scholarly journals Le contrat de concession commerciale et le libre marché

2005 ◽  
Vol 21 (3-4) ◽  
pp. 787-823
Author(s):  
Claude Samson
Keyword(s):  
Free Market ◽  
Common Law ◽  
Economic Power ◽  
Exclusive Dealing ◽  
Public Authorities ◽  
Free Competition ◽  
Market Organization ◽  
Characteristic Features ◽  
Market Restriction ◽  
The Impact

This paper deals with the exclusive sale contract or solus agreement. Its first part identifies some characteristic features of this type of agreement, which quite often is not only aimed at regulating the exercise of trade, but also serves as a technique of market organization and economic power concentration. The impact of the increasing currency of such commercial practices on the free market justifies consideration of the various forms of control that can be exercised by public authorities in order to preserve free competition. Control can be achieved through the judiciary applying concepts such as public order in civil law or public policy at common law. However, in view of the courts' reluctance to interfere with such instances of private economic power and their indifference towards the economic inequities inherent in such agreements for the distributor, legislative intervention has become necessary to protect the free market. Thus the Combines Investigation Act was amended in 1976 to allow regulation of commercial practices such as refusal to deal, consignment selling, exclusive dealing, market restriction and tied selling.

Concentrations in the Aviation Sector: How to maintain the level playing field for airlines and airports?

2021 ◽  
Vol 24 (3) ◽  
pp. 485-511
Author(s):  
Valentine Lemonnier
Keyword(s):  
Competition Law ◽  
Air Transport ◽  
Transport Sector ◽  
Level Playing Field ◽  
Playing Field ◽  
Market Participants ◽  
Free Competition ◽  
Eu Competition Law ◽  
Different Types ◽  
The Eu

Before the Covid-19 pandemic hit, the scheduled passenger air transport sector was already subject to several horizontal concentrations. The mix of free competition and strict regularization in the air transport sector in the EU raises the question whether the current framework will still be able to provide a level playing field to the market participants, notably airlines and airports. The study focusses on how EU competition law has influenced horizontal concentrations (i.e. mergers and horizontal co-operations) in the scheduled passenger air transport sector. The results of the discussion are the basis for a reflection of the effects of different types of horizontal concentrations on the negotiation power of airlines vis-à-vis airports. A third focus of the study is the identification of regulatory weaknesses with regard to airport financing under the Airport Charges Directive (Directive 2009/12/EC), how those weaknesses benefit airlines and how they might interfere with efforts made under the application of competition law.

scholarly journals The Influence of Economic Theories and Schools on Competition Law in terms of Vertical Agreements

2018 ◽  
Vol 11 (18) ◽  
pp. 153-180
Author(s):  
Zbigniew Jurczyk
Keyword(s):  
Competition Policy ◽  
Evaluation Criteria ◽  
Competition Law ◽  
Chicago School ◽  
Antitrust Law ◽  
Competitive Effects ◽  
Economic Theories ◽  
The Past ◽  
Antitrust Analysis ◽  
Harvard School

The paper aims at showing the influence and the views espoused by economic theories and schools of economics on competition policy embedded in antitrust law and conducted by competition authorities in the field of vertical agreements. The scope of the paper demonstrates how substantially the economization of antitrust law has changed the assessment as to the harmfulness of vertical agreements. The analysis of economic aspects of vertical agreements in antitrust analysis allows one to reveal their pro-competitive effects and benefits, with the consumer being their beneficiary. The basic instrument of the said economization is that antitrust bodies draw on specific economic models and theories that can be employed in their practice. Within the scope of the paper, the author synthesizes the role and influence of those models and schools of economics on the application of competition law in the context of vertical agreements. In presenting, one after another, the theories and schools of economics which used to, or are still dealing with competition policy the author emphasises that in its nature this impact was more or less direct. Some of them remain at the level of general principals and axiology of competition policy, while others, in contrast, delineate concrete evaluation criteria and show how the application of those criteria changes the picture of anti-competitive practices; in other words, why vertical agreements, which in the past used to be considered to restrain competition, are no longer perceived as such. The paper presents the models and recommendations of neoclassical economics, the Harvard School, the Chicago and Post-Chicago School, the ordoliberal school, the Austrian and neoAustrian school as well as the transaction cost theory.

scholarly journals REPONSABILIDADE SOLIDÁRIA: um importante instrumento para as políticas públicas ambientais

2014 ◽  
Vol 17 (2) ◽  
pp. 455
Author(s):  
Robson Ivan Stival ◽  
Belmiro Valverde Jobim Castor ◽  
Valdir Fernandes Fernandes
Keyword(s):  
Data Analysis ◽  
Environmental Law ◽  
Public Policies ◽  
Environmental Policies ◽  
Environmental Issue ◽  
Joint Liability ◽  
Interdisciplinary Field ◽  
Bibliographic Data ◽  
Deductive Method ◽  
The Law

Este artigo situa-se no campo interdisciplinar e trata do instituto jurídico da responsabilidade solidária a partir das perspectivas do Direito Ambiental e das Políticas Públicas. Tem por objetivo destacar a importância da solidariedade, pelo viés jurídico, para as Políticas Públicas ambientais.A pesquisa é teórica, descritiva e exploratória, com análise de dados bibliográficos pelo método dedutivo. São estabelecidas relações entre as Políticas Públicas, os novos paradigmas apartir da questão ambiental e a responsabilidade solidária.Palavras-chave: Direito Ambiental; Políticas Públicas; Responsabilidade solidária.JOINT LIABILITY: an important tool for environmental public policiesAbstract: This article lies in interdisciplinary field and deals with the law institute of the liability from the perspectives of environmental law and public policies. Aims to highlight the importance of solidarity, by legal bias, for public environmental policies. The research is exploratory and descriptive, theoretical, with bibliographic data analysis by the deductive method. Relationships are established between public policies, new paradigms from the environmental issue and the joint and several liability.Keywords: Environmental Law, Public policies, Joint liability.

5. The legal framework

2021 ◽  
pp. 48-54
Author(s):  
Ariel Ezrachi
Keyword(s):  
Mergers And Acquisitions ◽  
Competition Law ◽  
Legal Framework ◽  
Monopoly Power ◽  
Antitrust Law ◽  
Eu Member States ◽  
Eu Competition Law ◽  
The Us ◽  
Restraint Of Trade ◽  
The Eu

‘The legal framework’ outlines the key competition provisions currently in the US and EU. Like in most other jurisdictions, EU and US laws include competition provisions that are used to address antitrust violations such as anti-competitive agreements or abuse of monopoly power. They also include laws dealing with proposed mergers and acquisitions. The US Antitrust Law prohibits contracts and agreements between two or more individuals or entities in restraint of trade or commerce. Meanwhile, EU competition law prohibits agreements between ‘undertakings’ that have, as their object or effect, the prevention, restriction, or distortion of competition, and affect trade between the EU member states.

Us Antitrust Law: Central, but Unique

2020 ◽  
pp. 91-102
Author(s):  
David J. Gerber
Keyword(s):  
Practical Importance ◽  
Competition Law ◽  
Antitrust Law ◽  
Basic Principles ◽  
Judicial Decisions ◽  
Rule Of Reason ◽  
Institutional Structures ◽  
Per Se ◽  
Substantive Law

US antitrust law has long influenced all who deal with competition law—sometimes as a model, sometimes as a source of experience and insights, and sometimes as a surrogate for an “international standard.” It also has great practical importance in international business. This chapter provides information and insights necessary for understanding its roles and engaging with its rules and procedures. The chapter explains its institutional structures, basic principles of substantive law, and the central role of economic analysis in deciding cases. In particular, it throws light on the unique way in which judicial decisions (case law) guide decisions in all institutions and on the central significance of the categories of “rule of reason” and “per se treatment.” It also provides insights into the dynamics of the regime—the factors that drive antitrust decisions. It also sketches the ways in which it exercises influence on other competition law regimes.

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