Política brasileira de defesa da concorrência: mudanças institucionais nos anos 1990 e análise dos atos de concentração julgados pelo CADE

Abstract

The present work analyzed the origin and evolution of Brazilian antitrust legislation, seeking to identify its objectives and theoretical references. The hypothesis investigated is that the genesis of antitrust in Brazil is born linked to the dictates of the popular economy and to national interests. CADE (Administrative Council for Economic Defense) was created in 1962, being responsible for the application of antitrust laws. The evolution of antitrust in Brazil is marked by two phases, at first (1930/1980), there was a timid action by CADE, due to the political and economic circumstances that guided the economy towards greater economic concentration and price control. Since the 1990s, antitrust standards in Brazil have undergone an inflection with the enactment of Law No. 8,884 / 1994, which grants greater autonomy to CADE and implements the control of structures. These changes were made in accordance with a development model that aimed at less participation and intervention by the State. A fundamental part of the research was the bibliographic review on the subject and the systematisation and classification of concentration acts judged in the years 1996, 1997, 1998, 2000, 2001 and 2002, by sector and origin of capital.