Direito e economia: análise da decisão do Conselho Administrativo de de Defesa Econômica (CADE) no ato de concentração Kroton-Estácio

Abstract

The present work aims to analyze whether the decision of the Administrative Council for Economic Defense (CADE) that rejected the merge of Kroton Educacional with Estácio was correct in light of the brazilian antitrust legislation. In this sense, the problem question of this research is: was CADE's decision that rejected the merge of Kroton with Estácio correct in light of the antitrust legislation, specifically, of Law nº 12.529/2011? For this purpose, a case study was carried out, with a qualitative approach, through a literature review and document analysis. It was found that CADE's decision was correct in light of brazilian antitrust legislation and constitutional principles. The merge between the companies would concentrate the private education market in the country and would cause significant economic risks, in the sense of affecting competition between companies in the sector, in addition to social risks, as the quality of the brazilian education would be largely affected