Estudo de casos acerca da atuação do conselho administrativo de defesa econômica como órgão de proteção da ordem econômica, sob a perspectiva da livre concorrência e da Lei Antitruste.

Abstract

The aim of this study is to analyze the competition law from the perspective of the antitrust law and the activity of the Administrative Council for Economic Defense (CADE), an agency that operates along with the Department of Economic Development (SEAE). Both agencies compose the Brazilian System of Competition Defense (SBDC). Before entering at the core of the research, the analysis of the performance of the CADE, this paper discusses the economic order, performing a historical approach of the regulatory action of the State, since the Absolutist Regime. Also, it is made an overview about the principles and foundations of it, giving special attention and focus to free competition and freedom of initiative, in which the economic order is mainly founded. Then, it is studied thoroughly the functioning of the Administrative Council for Economic Defense, analyzing its origins, by tracing the emergence of the antitrust law in the world, its legal nature, its operation and its structure. It discusses also the infractions against the economic order and how the CADE has worked over the years in the defense of competition, avoiding harmful mergers and infractions to healthy competition. For this, it is used as a method of approach, the inductive one, through some case studies to understand and analyze the performance of CADE. Regarding the method of procedure, the hermeneutic is used, due to the appreciation of ideas and cases. Finally, as a techniques of research documents and bibliographies are used. As a result, it is inferred that there is no definitive conclusion about the criteria used by the CADE for its operations, due to, perhaps, the dynamism of the economy and its close relation with it.