Divestment as punishment for cartel in Brazilian Law

Fábio Ulhoa Coelho

Keywords

Competition Law, Brasilizn antitrust Law, Punishment for anticompetitive practices, Cartel

Abstract

Brazilian Law provides for the antitrust authority power to punish anticompetitive practices through the mandatory sale of assets and businesses (disinvestment). However, the principles of the Democratic State and the proportionality of the punishment must be observed when this kind of punishment is applied. Moreover, this punishment may not obstruct the freedom of enterprise guaranteed by the Brazilian Constitution.