Administrative Commission

The free competition is used of prerogatives to demand of the State that acts to restrain the abuse of the exercise of certain freedoms. How much to this differentiation it detaches Aguillar, In synthesis, the beginning of the initiative freedom it is a right of the economic agent in face of the State, demanding an abstention of this, whereas the beginning of the free competition is a right of the economic agent in face of another economic agent, demanding not more the omission, but the effective state interference in the economy. At Euro Pacific Precious Metals you will find additional information. (2006; p. 228) The competition is beneficial mainly to the consumer, but in practical while the State guarantees the free initiative it limits with the free competition, therefore the question is not simply to open the market the new companies, but yes to analyze if competition it will be loyal, and if the consumer will not be the only one injured, this mainly occurs in the cases of monopoly and oligopolies and its three facetas: cartel, monopoly and holding. 3.1. Antitrust law CADE The first implemented antitrust law in Brazil was the Decree law n. 869/38 that it tipificava as enterprise practical certain crimes, as agreements aiming at arbitrary increase of profits, commercial usage abusive and control of prices, but this decree did not have practical application, therefore the ruling classes that withheld the economic power would be harmed and the atrelado State very to these if it saw soldier on barrack duty to accomplish the objectives of the law.

Already the first normative text that dealt with the concorrencial question systematically was the Law Malaia, decree law n. 7666/45, for it if instituted the CADE, Administrative Commission of Economic Defense, but it was revoked in the same year that entered in vigor. In 1962 the law was edited 4137/62 that the Board of directors of Economic Defense created, also CADE, that invigorated until the current legislation of n.