O aumento arbitrário de lucros na Lei de Defesa da Concorrência

Abstract

This article analyzes the concept of arbitrary increase of profits vis à vis the Brazilian antitrust law and the Brazilian Constitution. Law
No. 12.529/2011, as well as antitrust laws that preceded it in Brazil, indudes "arbitrary increase of profits" in the list of objects and purposes of the acts that constitute offense against the economic order. However, in an economic System based on the principies of free enterprise and free competition it is essential that economic agents seek to maximize their results. The offense against the economic order is not characterized by the simple elevation of prices or maximization of profits by a monopolistic economic agent or
dominant position holder. The arbitrary increase of profits referred to in the law and the Constitution must be interpreted as a possible or desired effect of an anti-competitive act.