The antitrust policy is built through antitrust agency’s decisions that are, in Brazil, pronounced by CADE. To appraise CADE’s decisions, thus, is to appraise the antitrust policy in Brazil. This implies that is necessary to know if such decisions are consistent with the antitrust theory. The purpose of this paper is to verify the theoretical consistency of CADE’s decisions. To get there, 330 Counsel’s votes are analyzed on the legality lifetime of the 8.884/94 Law, between 1994 and 2004. The paper’s conclusion is that there is a general fragility in antitrust theory’s application by CADE.
Antitrust; Relevant market; Market power; CADE
