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Content and logical structure of the article 20 of statute 8.884/94 (antitrust law)

A striking feature of antitrust law is its interdisciplinarity. The analysis of anticompetitive conducts generally requires the implementation of law on a factual support composed of economic facts. Therefore, the development of doctrine and case law indicates a deepening of the use of economic science in the legal identification of anticompetitive conducts. However, in the current stage of the studies in Brazil, there is little clarity regarding the roles of the law and the economics in this task. This article seeks to make this viewing easier, dissecting the logical structure of the brazilian antitrust legal standard for anticompetitive conduct, identifying the criteria that compose it, and allowing thereby the location of the terms that enable the use of economic instruments and legal prudence in the analysis of anticompetitive conducts.

antitrust law; anticompetitive conducts; legal standards; logic structures; matrix rule of incidence; factual support


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