Competition law and private enforcement in Brazilian legislation

Main Article Content

Tercio Sampaio Ferraz Jr.

Abstract

The article addresses the issue of public and private enforcement in competition law from the point of view of liability for competition offenses, arguing that it assumes an autonomous character in relation to civil liability and should, therefore, be governed by antitrust law. The competition offense is understood as a violation of diffuse rights, which nevertheless can be claimed in court individually. In this sense, private enforcement is connected to the public interest and the conviction starts to have an indemnification effect as well as a deterrent or repressive effect. To approach the subject, the article explores the differences in the configuration of damages by cartel in the case of the adoption of an economic or legal point of view and the question of the burden of proof in the repair of damages due to distortion of competition.

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Article Details

Section
Controle de condutas
Author Biography

Tercio Sampaio Ferraz Jr.

Doutor em Filosofia e doutor em Filosofia do Direito. Professor aposentado da Faculdade de Direito da Universidade de São Paulo; Advogado.