Defesa da concorrência no setor de refino de petróleo no Brasil: uma análise jurídica do processo de desestatização do parque nacional de refino

Abstract

This monograph aims to analyze the defense of competition in the national refining sector. The methodology chosen was a bibliographic review, with consultation of articles related to the subject, as well as documents and administrative inquiries from CADE, having a qualitative and inductive nature. The aim was to understand whether the privatization process of Petrobras, in the oil refining sector in Brazil, effectively promoted competition. The research showed that there is a tendency for the formation of regional monopolies, for logistical and structural reasons in which national refineries were built, avoiding internal competition and that there is possibly a high probability that the divested assets of Petrobras represent the transfer of such economic concentration to the private sector. The new relationships between Petrobras and the independent refineries that entered the sector were also assessed, analyzing administrative inquiries that investigate the possible practice of price discrimination, which resulted in the finding that the defense of competition is still a task to be built by CADE in this new situation, through the formalization of Amendment Nº. 6 to the Term of Commitment to Cease Practice Nº. 08700.002715/2019-30.