Cooperative Law as a vacuum in antitrust analysis - the case of health cooperatives in Brazil

Ronaldo Gaudio

Universidade do Estado do Rio de Janeiro

Enzo Baiocchi

Universidade do Estado do Rio de Janeiro

The article seeks to explain some of the probable contributions of Cooperative Law to an integrated analysis
of possible antitrust cases involving cooperatives. It is hypothesized that, if on the one hand there is little
knowledge and disclosure about cooperativism in the non-specialized academic sector, there is no a priori
incompatibility between the objectives of cooperative cooperation behavior and the objectives of Competition Law. On the other hand, the identification of structural parameters of the Cooperative Law and its reception in the legal system by means of constitutional parameters destined to the exercise of the cooperative activity allow to establish the dialogue of the sources based on the idea of development, which is not limited to the meaning of economic growth. As a demonstration, the consolidated jurisprudence on the possible illegality of competition consisting of some practices in the field of health cooperatives is criticized. Based on the doctrine and legislation, an adapted application of the “escape valves” of the law that structures the Brazilian System of Defense of Competition (Law 12.529 / 2011) is proposed.

Keywords: Competition Law, Cooperative Law, cooperative cooperation, health cooperatives, regulation, development
Published
04/05/2019

How to Cite

Gaudio, R., & Baiocchi, E. (2019). Cooperative Law as a vacuum in antitrust analysis - the case of health cooperatives in Brazil. Cooperativismo & Desarrollo, 27(114), 1-30. https://doi.org/10.16925/2382-4220.2019.01.12
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