Responsabilidade civil concorrencial: a busca pela efetiva reparação de danos
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Data
2011-11
Orientador(res)
Sampaio, Patrícia Regina Pinheiro
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Resumo
This study analyzes the decisions rendered by the Brazilian courts on antitrust damage actions, aiming to measure the effectiveness of the recovery provided by those courts. As an introduction to private enforcement of antitrust law, the first part of this study addresses the elements required for civil liability, focusing on the application of these elements on antitrust cases. The second part of this study analyzes the decisions rendered by the Brazilian courts in order to measure the effectiveness of the recovery provided by the decisions. This analysis indicates the main problems faced by the courts that were reflected on the decisions. Among these problems, the third part of this study focuses on the analysis of quantification of harm, suggesting a method of collective moral damage quantification. At last, some comments were addressed to the bill proposal that modifies the article 29 in Law 8.884/94. The conclusions reached through this study demonstrate that there is no effectiveness on damage recovery in antitrust damage actions.