Tied selling is double repression necessary?

Main Article Content

Daniela Copetti Cravo

Abstract

The greatest example of conduct which emphasizes the interface between Consumer and Competition Protection is the abuse of dominant position, which has as one of its main expressions the tying practice. Besides representing damage to competition and therefore be typified as a violation of the economic order in the Competition Act, the tying practice is an internal problem in the consumption process, reason why is considered as an abusive practice in the Consumer Protection Code. This conundrum is considered and is dealt with by both the consumer sphere and the competition sphere. Given this context, this study aims to answer the following questions: does the prevailing framework generate greater benefits to the consumer? If a dual repression appears as necessary, we have to examine how competition and consumer policy should be coordinated and harmonized to ensure that more effective results, with regard to the consumer welfare, can be achieved?

Article Details

Section
Revista de Defesa da Concorrência
Author Biography

Daniela Copetti Cravo, Universidade Federal do Rio Grande do Sul - UFRGS

Advogada, graduada pela PUCRS em 2010. Mestranda em Direito do Consumidor e da Concorrência pela UFRGS, ingresso em 2012.