A nova dinâmica de análise dos atos de concentração, a efetiva tutela da concorrência e o desenvolvimento nacional

Abstract

Studies the recent restructuring undergone by the Brazilian System of Competition Policy (BSCP), after the enactment of Law no. 12.529/11 (brazilian new antitrust law), with special focus on new system of analysis and judgment of mergers, linking this legislative amendment to the realization of free competition principle and also with the ideals of national development. Pursuit realize this research, among other things, by evaluating the trial stages of mergers established by Law n. 12.529 / 11 and other infra-constitutional norms. Conducts a survey and analysis of the theoretical assumptions of the main schools of economics and antitrust (Harvard, Chicago and Freiburg). Investigates into foreign legislation, the main available mechanisms of premerger analysis. Evaluates the main elements used by the Brazil’s Council for Economic Defense (BCED) for judgment of mergers, clarifying concepts such as market power, the relevant market and barriers to entry. Establishes, finally, a systematic interpretation of the foundations of the new brazilian antitrust law, free competition and the right to development, driven by the hermeneutic construction of conceptual benchmarks to guide antitrust public policy adopted by BSCP with the constitutional order currently in force and the ideal of development. It uses the dialectic and hypothetical-deductive approach method, justified by the development of a critical theory to the current framework in which it is the defense of competition in Brazil, and the methods of historical, comparative and statistical procedure and indirect documentation as technique procedure.