Reparação de danos decorrentes da prática de cartel

• Autor(a) principal: Andrade, Rodolpho Pinto de
• Data de Publicação: 2019
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações do Mackenzie
• Texto Completo: http://dspace.mackenzie.br/handle/10899/24101
• topic: reparação de danos; cartel; indenização; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This dissertation aims to study the repair of damages resulting from the practice of cartel, which is considered as the most serious infraction of the economic order. In the first chapter, an introduction will be made of the economic aspects that underpin the anticompetitive practice and the characteristics of the cartel. In the second chapter, the institute of civil liability will examine the legal discipline of the cartel in Brazilian law, studying the rules that provide for liability for cartel practice in the competition law. The third chapter intends to analyze the perspectives of the institute of repair of damages resulting from the cartel in the Brazilian juridical panorama. In this context, the assumptions of civil reparation (wrongful act, fault, causal link and damage) are examined, the active and passive legitimacy for indemnity actions, the interaction between civil liability and the leniency program, as well as the prescription of the claim indemnification. Finally, the conclusion will seek to present in a systematized way the main ideas presented throughout the work, as well as to evaluate the current stage of civil liability for damages resulting from the practice of cartel in Brazilian law.