Restrições verticais exclusionárias e descontos de exclusividade a busca por um padrão probatório

Abstract

This paper presents considerations about vertical restraints, and more specifically rebate conditioned on exclusivity. It presents its
effects are presented, both favorable as which are harmful to competition. Shows the evolution of the treatment of this practice in antitrust law of the United States, European Union and Brazil, demonstrating that today there is a consensus about the applicability of the rule of reason, and therefore about the inapplicability of legality (or illegality) per se. Then, this study presents the requirements that the doctrine points to the applicability of exclusivity. Cases of the United States, European Union and Brazil, are briefly presented. Considerations are made about the Standard of proof to be used when analyzing these behaviors, which leave no doubt as to the need to establish clear rules make the rule of reason analysis more objective, endowed with
certainty and predictability.