Uma análise da jurisprudência do CADE acerca dos cartéis na revenda de combustíveis
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Data
2013-06
Orientador(res)
Sampaio, Patrícia Regina Pinheiro
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Resumo
This study analyzes the Administrative Council of Economic Defense (Cade) decisions about the retail fuel sector cartels. The main objective is identify the characteristics of this sector that favor the formation of a cartel, as well as check the evidences used as basement of the decisions and the participation of the National Agency of Petroleum, Natural Gas and Fuel (ANP) in defense of competition in this area. To introduce this topic, there have been some important concepts, such as 'cartel', 'leniency agreement' and 'agreement for cessation of conduct'. The second part of this study analyzes the division of competences between Cade and ANP. Among the results achieved through research process, was deployed and in-depth analysis of the participation of trade unions as the main agent in the formation of cartels involving the resale of fuel, types of evidence used in Cade’s decisions and the valuation of economic studies conducted by ANP. The conclusions reached through this study demonstrate that high numbers of denunciations involving cartels in the sector are based on insufficient evidence for a possible condemnation because Cade has decided such cases based on specialized studies and evidence that demonstrates effectively the occurrence of cartel.