Gun jumping: uma análise empírica da prática lesiva de mercado

• Autor(a) principal: Oliveira, Enzo Felipe Campolim de
• Data de Publicação: 2022
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/31796
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; Gun jumping; Direito antitruste; Atos de concentração empresarial; Atos de implementação; Livre concorrência; Gun jumping; Antitrust law; Corporate concentration acts; Implementation acts; Free competition

Introduction: Instituted in Brazil in 2012, the injurious practice of gun jumping appears as one of the most recurrent by market agents when dealing with competition violations committed in corporate concentration acts. Objective: To analyze the developments, functions and consequences of the gun jumping practice in Brazil, as well as to make a propositional analysis to CADE and market agents in order to ensure sustainable economic development and respect for competition laws. Material and Methods: The analysis proposed hereof used as main bases the normative and regulatory instruments in Brazil, administrative precedents of CADE, especially those in which it was established the commission of the infraction of gun jumping, and international best practices adopted around the world by reference jurisdictions in antitrust matters. Result: although the antitrust agency does not differentiate between the different sectors of the economy, concentration acts related to the infrastructure sector, especially oil and gas, historically tend to incur more gun jumping violations than the others. The acts that may constitute prior consummation of a certain concentration act vary among those listed by CADE by means of the "Guidelines for the Analysis of Prior Consummation of Economic Concentration Acts". Discussion: The economic agents should try their best to comply with the provisions of the laws related to the matter, as well as the governmental guidelines concerning the implementation of concentration acts. The State should ensure legal certainty regarding the analysis of implementation acts, seeking to put in balance the tightening of rules for the defense of competition law and the guarantee of a market economy, as established in the Brazilian federal constitution