Atos de concentração no mercado de ensino superior privado no Brasil: critérios e fundamentos de análise do CADE

• Autor(a) principal: Alves, Elton Nunes José
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/9504
• topic: Competition; Private higher education; Act of concentration; Non-price-effects; Concorrência; Ensino superior privado; Ato de concentração; Non-price- effects; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

The present dissertation addresses the competitive issues related to the private higher education market in Brazil, with the scope analysis to its structural control. With the emergence of this market in late twentieth century and the beginning of the XXI, the volume of operations under Cade s scrutiny and anticompetitive concerns issues raised in this market. The main objective of this work is to analyze the historical and the competition concerns in mergers and acquisitions in the private higher education market in Brazil under the Cade s viewpoint. As a specific objective, the Concentration Act between Kroton and Estácio, which is regarded as the first rejected merger by Cade in the sector. Then, it will be discussed the competition policy purposes as well as the criteria used to analyze the competitive impact of the aforementioned Concentration Act, content and limits of state intervention in the market, and also the benefits and harms for the relevant market. It is also seen that other criteria besides economic efficiency impacted the competitive analysis in the market under study. It was adopted by the Cade a doctrine called the theory of Non-Price effects, considers important in antitrust analysis other issues besides price, such as quality, market peculiarities, variety, service and innovation, thereby moving away from the prevailing neoclassical theory. Before, we will analyse the rise of the market and of the University as an institution, origin, concept and normative forecast in the constitutional order, in order to identify the history of the object of study and its legal and social status. The research is exploratory, with doctrinal and documentary analysis. The method will be predominantly inductive when analyzing the votes of the Concentrating Acts. When describing or socio-historical exposing, the prevailing method will be the deductive