Dosimetry of the fine penalty in cartels within the scope of CADE Difficulties and prospects compared to the US and the European Commission

Main Article Content

Hugo Emmanuel D Gonçalves Valladares

Abstract

The uproar over the dosimetry of the fine penalty in Brazil did not resolve the central point with the enactment of the new law. There is no typification for specific base penalties for each type of anticompetitive conduct. The absence of parameters engenders the concern of excessive discretion. This article aims to demonstrate that there is no method rooted in CADE's jurisprudence in order to guarantee a minimum of predictability for economic agents and for the Court itself. To this end, the methods used in the USA and in the European Union will be detailed, comparing them to those used in Brazil. Jurisprudential analysis will be carried out in cases of cartels under current law. Finally, a decision support methodology will be suggested, the MCDA, which fits perfectly into the in casu problem, which requires objective application and measurement, based on subjective preferences and concepts. It should be noted that this article is limited to the analysis of cartels.

Article Details

Section
Controle de condutas
Author Biography

Hugo Emmanuel D Gonçalves Valladares, Universidade de Brasília

Aluno de Direito da Universidade de Brasília. Estagiário do Escritório Trench, Rossi e Watanabe Advogados, filiado a Baker & Mckenzie International