The new anthritruste law (12,529 / 2011)

A critical analysis

Abstract

The infractions to the Economic and Financial Order are mercantile methods usually adopted by the economic agents in the relevant markets, in our society based on an economically neoliberal State of Law. Their motives, no matter how diverse, are basically related to the interest of the entrepreneur to obtain greater profits to the detriment of its competitors. But we must be cautious, because competition is a major factor in the market balance, in spite of the fact that cer tain business strategies are considered to be lawful even though they may harm the competitor. But its practice characterizes an illegal act, contrary to the Federal Constitution, and illicit, generating damages to its direct competitors. In order for there to be possible accountability of these agents, it is necessary that the acts employed by them are inconvenience, thus disobeying the norms esta blished in the Federal Constitution and Antitrust Law, regarding the free market. Effectively de monstrated the inconvenience act, there is the possibility of obtaining the reparation of the damage in the civil court, the condemnation for crimes against the Economy and, the responsibility in the administrative area, next to the Administrative Council of Economic Defense.