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Consulta aos Conteúdos
Estatística
Título: UNILATERAL AND VERTICAL CONDUCTS AND THE BRAZILIAN ANTITRUST LAW
Autor(es): ALEXANDRE DE ALMEIDA CANALINI
Colaborador(es): PEDRO PAULO SALLES CRISTOFARO - Orientador
Catalogação: 10/ABR/2019 Língua(s): PORTUGUESE - BRAZIL
Tipo: TEXT Subtipo: SENIOR PROJECT
Notas: [pt] Todos os dados constantes dos documentos são de inteira responsabilidade de seus autores. Os dados utilizados nas descrições dos documentos estão em conformidade com os sistemas da administração da PUC-Rio.
[en] All data contained in the documents are the sole responsibility of the authors. The data used in the descriptions of the documents are in conformity with the systems of the administration of PUC-Rio.
Referência(s): [pt] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/TFCs/consultas/conteudo.php?strSecao=resultado&nrSeq=37667@1
[en] https://www.maxwell.vrac.puc-rio.br/projetosEspeciais/TFCs/consultas/conteudo.php?strSecao=resultado&nrSeq=37667@2
DOI: https://doi.org/10.17771/PUCRio.acad.37667
Resumo:
Unilateral and vertical conducts have more frequently been an object of concern and debate as regards Antitrust law overseas. In Brazil the competition authority has devoted most of its time to the analysis of horizontal agreements. Thus, the aim of this study is to identify the characteristics of unilateral and vertical conducts considered illicit in the light of the Brazilian Antitrust law. A review of the literature was carried out, as well as of cases sentenced by CADE (the Brazilian Administrative Council for Economic Defense) and of case studies. Statistical procedures were applied both for frequency analysis and for hypothesis test. Those identified seven characteristics in conducts which, when combined, characterize unlawful competition, to wit: (I) the agent s market power as a compulsory legal prerequisite; (II) negative net effects in the light of the rule of reason; (III) the agent s intention in creating difficulties to the constitution, operation or development of competitors; (IV) nonexistence of bilateral bargaining power; (V) exclusivity requirement clauses; (VI) the existence of coercion mechanisms between agents; and (VII) unjustified discrimination against agents. The doctrine and jurisprudence were in unison in asserting that unilateral and vertical anti-competitive practices are not illicit per se, however they must be analyzed in the light of the rule of reason in order to weigh net effects to consumer welfare. The research innovated by propounding to classify the characteristics of the anticompetitive practices as compulsory legal prerequisite, central and satellite. When combined, there is strong evidence of illicit anticompetitive practices.
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