Consensualization in the field of antitrust administrative procedures: analysis of the leniency agreement, the consent Decree, the performance agreement and the agreement for the reversibility of mergers

• Grant number: 10/19549-4
• Support Opportunities: Regular Research Grants
• Start date: March 01, 2011
• End date: May 31, 2013
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Thiago Marrara de Matos
• Grantee: Thiago Marrara de Matos
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

In Brazil, administrative law adopts growingly tools of consensualization in relations between Public Administration and citizens, as well as in inter-administrative and internal relations (i.e. among public agencies and public organs). In this scenario, this research aims at analyzing consensualization tools in the field of administrative antitrust procedures of sancionatory nature (used for the control of antitrust practices) and preventive nature (for the control of mergers), examining, for example through quantitative methods, if such tools collaborate to the increase of legitimacy of Public decisions and the rapidity of administrative procedures. Besides that, the research shall investigate the relation between consension, on one hand, and discretionarity, public interest unavailability, legality and efficiency, on the other. (AU)