Acordos de exclusividade no Brasil: entre a livre iniciativa e a regulação do Cade

Abstract

The 1988 Federal Constitution, when making an economic choice for the capitalist regime, established, in its article 170, as fundamental principles of the economic order free initiative and free competition. In this sense, Competition Law is a branch of Law that seeks to regulate and regulate economic agents, seeking to achieve free competition and maximize consumer welfare. Thus, to repress the abuses of Economic Power, the Administrative Council for Economic Defense (CADE) emerged, an administrative court with a bipartite function, on the one hand, to control structures, approving or rejecting mergers and acquisitions of companies, joint ventures, or other acquisitions, and on the other, to control conduct, investigating and repressing violations of the economic order.