Torts in Competition Law: promoting the recovery of losses due to violations of the economic order

Abstract

Recognized as a feature to disincentive  future anticompetitive practices, recovery of losses  due to damages caused by cartel arrangements  has had different stages of development in the  world. In the European Union, after lengthy discussions,  Directive 2014/104 / EU presents itself as  a mechanism with great potential to promote private  enforcement. In Brazil, on the other hand, although  there are some recent efforts, the debate is  still at an early stage. With the use of quantitative  and qualitative methodologies, the article aims to  discuss the expectations and challenges for the  expansion of private reimbursement actions in the  country. Attentive to the contradictions inherent  to private enforcement and public prosecution,  especially in relation to leniency agreements, the  article aims to contribute to fostering the debate  on private enforcement in Brazil.