JUDICIALIZATION OF CADE DECISIONS: CHARACTERISTICS AND CONTROVERSIES OF SUPERMERGERS IN BRAZIL

Abstract

This research is based on the ongoing need to discuss the judicialization of CADE decisions, given the constant mergers and acquisitions of large companies in the most diverse sectors and society's concern with maintaining competition through clear criteria. Despite the exercise of the constitutional principle of access to the judiciary, the problem is based on the possibility of discussing these decisions in light of their legal nature. In this sense, a deductive method, qualitative research, scientific articles, and national doctrine were used, in addition to legislation related to the subject, to contextualize the judicialization of the decisions of the Administrative Council for Economic Defense - CADE, a national agency that has been widely used by companies that in some way are dissatisfied with its administrative decisions. The context of the agglomerations carried out in Brazil is analyzed, which continually tend to form and cause imbalances in the market, requiring government modulation.