masterThesis
O controle dos atos de concentração: aspectos jurídicos e econômicos
Fecha
2014-10-31Registro en:
ARAÚJO, Daniel de Oliveira. O controle dos atos de concentração: aspectos jurídicos e econômicos. 2014. 146f. Dissertação (Mestrado em Direito) - Centro de Ciências Sociais Aplicadas, Universidade Federal do Rio Grande do Norte, Natal, 2014.
Autor
Araújo, Daniel de Oliveira
Resumen
The subject of this paper is to analyze the conditions which approving or rejection of acts of
economic concentration in the context of merger control applied by CADE, the paper's
approach is from economic and legal perspectives. The problem is framed in the restructuring
of the Brazilian state and the national economy resulting from the set of important
transformations that Brazilian society experienced during the 80s and 90s of the twentieth
century process. In this direction, the Federal Constitution of 1988 instituted an economic
order predicated upon the principles of market economy, in which state intervention is mostly
limited to regulation of economic activities and the private sector plays an important role in
driving the economy and development of Brazil. This framework promoted the growth of the
importance of antitrust law in the country, as it its aim is to preserve market mechanisms.
And, to complete the proposed analysis, this paper describes and evaluates the economic
organization established by the Constitution and presents the Brazilian System for Protection
of Competition, under Brazilian antitrust law. It exposes economic theory to the examination
of mergers under the law of competition. Also, analyzes the regulatory provisions contained
in Law 12,529 / 2011 regulating the mergers control. This law repealed Law 8884/94 and
restructured the Brazilian System for Protection of Competition - BSPC. The Law 12,529 /
2011 introduced several changes in the legal discipline of mergers to streamline the
institutional structure of the competent bodies for the prevention and repression of
anticompetitive conduct, it aims to increase efficiency and it changed the processes and
control parameters of concentration economic – it states that mergers only become legally
effective by CADE’s approval.