Uma análise dos fundamentos do direito antitruste brasileiro e de sua eficácia no combate às condutas anticompetitivas.

Abstract

Antitrust law emerges from the supposed symbiosis and balance between the principles of free initiative and free competition. The Brazilian Federal Constitution establishes the free initiative as one of the fundamentals of the Republic and the economic order and free competition as one of its principles. The antitrust law came out with the purpose of combating conducts potentially damaging to the competition and consumers, for instance, corporate mergers that can result in the formation of monopolies, oligopolies and cartels. The present research discusses the subject through an analysis of the fundamentals of Brazilian competition law. Thus, this paper aims to explore if this branch of law is adequate to deal with anticompetitive conducts. It was used the bibliographic and exploratory methods to develop the research. The procedure, in turn, consisted in the search of scientific articles, legal doctrines, journals and other academic works, as well as the surveying based on comparative law, especially as to the American literature, which exerts a significant influence on Brazilian antitrust. As how of approaching the problem, it was fulfilled a qualitative research, whereby sought deepening the knowledge about the free competition problems, through the analysis of antitrust control instruments, both control structures and control conducts. In conclusion, the result of the study demonstrates that, although the free competition be a fundamental principle to the economic order, antitrust law is ineffective in its defense, since it is a branch of law potentially instrumentalizable by a part of the monopolistic corporations.