Introduction to competition law

Abstract

The text examines competition law as a branch of Economic Criminal Law, analyzing its taxonomy, purpose and aim, competence ratione materiae and judicial control. It argues that antitrust legislation regulates market relations between economic agents and consumers, protecting free competition as an instrument of free initiative in favor of the community, and that CADE is an adjudicating body auxiliary to the Judiciary, incompetent for private matters. It analyzes irretroactivity and prescription, the relevant market and ubiquity, strict hermeneutics, the subjective element, joint liability and the typology of means-offenses and end-offenses. It concludes that infractions against the economic order are intentional, result-based and with a subjective element of wrongdoing.