Prova indireta de cartel no âmbito das associações: comportamento paralelo e plus factors DOI: http://dx.doi.org/10.18836/2178-0587/ealr.v2n1p41-64

Amanda Athayde

Abstract


The present paper aims at analyzing the application of the plus factors doctrine in the context of business associations under Brazilian Antitrust Law. The focus is on the exchange of sensitive information and the adoption of parallel conduct by the associates. Initially, it is studied the interaction between the principle of free competition and other related constitutional principles, such as free association, freedom of expression of thought and the right to petition. Then, an exemplification of the pro-competitive as well as the potentially anticompetitive activities of the associations is made. Finally, it is proposed the adoption of the following requisites for a condemnation of business associations for cartel behavior based on indirect proof: (i) the parallel conduct of members, added with two plus factors, namely (ii) previous contact between associate members and (iii) the existence of an instrument of exchange commercially sensitive information.

Keywords


cartel; associations; parallelism; plus doctrine



DOI: http://dx.doi.org/10.18836/2178-0587/ealr.v2n1p41-64

Economic Analysis of Law Review  -  ISSN 2178-0587

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