SARMENTO, M. C.; SARMENTO, Matheus Cassimiro.
Resumo:
The current work comes to light with the symbiosis formed by freedom and
competition, under which Antitrust Law arises and ends in the factual plane, forming
a horizon where it is observed that it is an organism deleterious to economic
development. In this continuity, considering that it has as its theme the dualism
between the Antitrust Law and the Right to Free Competition, in which the problem is
manifested through the theoretical metamorphosis of the concepts of competition and
monopoly, since it is an active process and indeterminate of incessant dispute and
exploitation, and this, in turn, of a legal block formed by the state action to the
entrance of competitors in the market, being its imperfection motivated by the
misguided application of the Theory of Perfect Competition. It aims to show that
antitrust intervention is disastrous to economic development, while justifying the
theoretical-conceptual scrutiny of toxic effects in this sphere. The objectives are
achieved through the method of functionalist procedure, valuing the complexity of the
economic formation present in the social body, investigating the modular process of
the antitrust intervention and, also, the sequels that deprive the competitive freedom.
The method of approach used is the hypothetical-deductive, given the need to verify
the theoretical linkage in the factual plane between the Theory of Perfect Competition
and the Hayekian understanding of competition, as well as the study of particular
cases the national economy. It has as a foundation the assumption of being in front of
two social sciences, the Law and the Economy, being reinforced with the
understanding of the Austrian School of Economy and, consequently, situating itself
in the hypothetical field. As a research technique there is the bibliographical one,
whose nucleus is the aforementioned School linked to the documentary analysis of
the legal devices concerned. In a paradoxical act, the State brings the genesis of
multiple competitive deformities through compromised mechanisms, to mention:
protectionism, sector regulation, regulations in general and intellectual property
rights. The operation of a hypertrophied and exploiting state manifests the
encapsulation of privileged castes, the crowning of inefficiency and the embargo of
progress.
