Dissertação apresentada como parte do Programa de Pós Graduação em Direito da Faculdade de Direito da Universidade de Brasília, para obter o título de mestre em direito.

Contém tabela de casos de cartel condenados no Brasil (1999-2022).

TABLE OF CONTENTS

1 Introduction
2 Overview of antitrust sanctions
2.1 Goals of antitrust sanctions
2.2 Complementarity of pecuniary and non-pecuniary sanctions
2.3 International practices in the use of non-pecuniary sanctions in antitrust
3 State of play of non-pecuniary sanctions in Brazil
3.1 Non-pecuniary sanctions against companies
3. 1 1 Publication of CADE's decision: a structurere under modification
3.1 .2 Prohibition to execute contracts with public financial institutions and prohibition to participate in tenders
3.1.3 National Register for Consumer Proteciton.
3.1. 4 Divestitures
3 1 .5 Other sanctions not defined by the competition law
3.2 Non - pecuniary sanctions against individuals
3.2 1 Publication of CADE's decidion: a sanction with lower incidence against individuals after the new competition Act
3.2.2 Prohibition to execute contracts with public financial institutions and prohibition to participate in tenders
3.2.3 Natiotal Register for Consumer Protection
3.2.4 Director disqualification
3.2.5 Other sanctions not defined by the competition law
3.3 Non-pecuniary sanctions against trade associations
3.3.1 Publication of CADE's decision: much like to the aplicationof this sanction against companies a structure under modification
3.3.2 Prohibition to execute contracts with public financial institutions and prohibition to participate in tenders
3.3.3 National Register for Consumer protection
3.3.4 Other sanctions not defined by the competition law
3.4 Non-bindig recommendations as a specific type of sanctions in Brazil: tazes and compulsory licenses
4 Possible areas for improvement and future perspectives
4.1 Sanctionof publication of CADE's decision: an advocacy tool for deterrence that may be adapted to modern times
4.2 Prohibition of contracting with public administration: existence of international trend, but need for CADE to provide additional guidance
4.3 Other sanctions: a provision that requires a restrictive interpretation
4.4 National Register for Consumer protection: an ineffective sanction until the Registry is created
4.5 Director disqualification: the need to balance deterrence and reputationl risks in case of misapplicaton
4.6 Divestment: an old provision with an incipient application
4.7 Non-binding recommendations as specific type of sanctions
5 Conclusions
6 References
Annex- Table of cartel cases convicted in Brazil (1999-2022)