guia prático do cade - Conselho Administrativo de Defesa Econômica

CHAPTER IIVIOLATIONSArticle 20. Shall be deemed a violation of the economic order, notwithstanding malicious intent,the acts in any way intended or otherwise able to produce the effects listed below, even if anysuch effects are not achieved:I – to limit, restrain or in any way injure open competition or free enterprise;II – to control a relevant market of goods or services;III – to increase profits on a discretionary basis; (12)IV – to exert abuse of dominant position. (13)Paragraph 1. Achievement of market control as a result of the natural process founded on moreefficiency of the economic agent in relation to its competitors does not characterize the violationprovided for in item II.Paragraph 2. Dominant position occurs when a company or a group of companies controls asubstantial share of a relevant market as a supplier, agent, purchase or financier of a product,service or related technology.Paragraph 3. The dominant position mentioned in the preceding paragraph is presumed whena company or group of companies controls twenty percent (20%) of the relevant market; thispercentage is subject to change by CADE for specific sectors of the economy. (14)Article 21. The following conducts, besides others, will be deemed violation of the economicorder, to the extent applicable under article 20 and items thereof:I – to set and offer, in collusion with competitors, in any way, prices and sale conditions ofgoods or services provision;II – to obtain or influence the adoption of uniform or concerted business practices amongcompetitors;III - to divide markets of finished or semi-finished products or services or of supplyingsources of raw materials or intermediary products;IV – to limit or restrain market access by new companies;V – to create difficulties for the establishment, operation or development of a competitorcompany or supplier, purchaser or financier of goods or services;VI – to impede access of competitors to raw material, equipment and technology sources,as well as to their distribution channels;VII –to require or grant exclusivity in mass media advertisements;VIII – to agree in advance on process or advantages in public or administrative biddings;IX – to affect third-party prices by deceitful means;X – to regulate markets of goods and services by way of agreements devised to limit orcontrol technological research and development, the production of goods or services, or todampen investments for the production of goods or services or its distribution;XI – to impose on distributors, retailers and representatives of goods or services retailprices, discounts, volumes, payment conditions, minimum or maximum volumes, profit192