Artigo Acesso aberto Produção Nacional

Competition Compliance: Controlling and Combating Illicit Practices in the Economic Market

2018; Volume: 1; Issue: ssue Linguagem: Inglês

10.37497/esg.v1issue.1605

ISSN

2965-2618

Autores

Mateus Eduardo Siqueira Nunes Bertoncini, Alexandra Barbosa Campos de Araújo,

Tópico(s)

Corruption and Economic Development

Resumo

This paper aims to analyze the extent to which compliance can contribute to promoting good competition practices. It explores how the state can control, combat, and prevent illicit activities occurring in the economic market as a sanctioning agent against violations of economic order. The study also examines the new anti-corruption measures embraced by the Administrative Council for Economic Defense, focusing on the encouragement of self-regulation and the benefits derived from adopting soft law in its Compliance Guide. Additionally, the research investigates how compliance assists companies in complying with the Competition Defense Law and the expected behavior concerning antitrust legislation (Law 12.529/2011). This includes preventing and suppressing abuses of economic power and violations against economic order, which impact the freedom of enterprise, fair competition, the social function of property, and consumer protection. The methodology employed involves a comprehensive literature review, examining scholarly articles, legal frameworks, and relevant guidelines. The findings demonstrate that compliance programs play a crucial role in ensuring adherence to competition laws and fostering a competitive market environment. The paper concludes by highlighting the significance of proactive compliance measures, effective self-regulation, and the cooperation between public and private sectors in achieving fair and ethical business practices that uphold competition principles.

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