We represent and advise in the defense of accusations of monopolistic practices or prohibited concentrations made by the Federal Economic Competition Commission or the Federal Telecommunications Institute in the trial-like procedure.
The Federal Law on Economic Competition prohibits certain behaviors that affect economic competition, namely monopolistic practices, or illegal concentrations.
Legislation divides monopolistic practices into absolute and relative.
Absolute monopolistic practices are agreements or arrangements between competitors to fix or manipulate prices, divide the market, restrict supply, or coordinate in public tenders.
Relative monopolistic practices are agreements or arrangements imposed by an economic operator having substantial power in the relevant market, to displace or prevent access to other economic agents or to establish exclusive advantages in favour of someone.
Unlawful concentrations are those that affect the process of competition and free market access, that displace or prevent access to the market to other economic agents, as well as those that impose barriers to competition.
The like-trial procedure begins with the summons of those likely responsible for monopolistic practices or prohibited concentrations. The summoned has a deadline to answer the opinion of probable responsibility and offer evidence. Once the evidence has been cleared, there is a stage to plead and request a hearing from the Plenum of the Federal Economic Competition Commission to verbally allege what suits your right.
The Commission or the Institute issuing its decision may impose fines for absolute monopolistic practices up to 10% of the income of an economic agent and for relative monopolistic practices or illegal concentrations up to 8% of the income of an economic agent.
In addition, absolute monopolistic practices may disqualify company officials who participated in such practices in the administration or legal representation in a firm, and fines and deprivation of liberty may be imposed in criminal matters.