Cavalcanti, Rodrigo de Camargo2024-07-232024-07-232024MARQUES, Frederico Borges. O conceito de eficiência na análise de condutas do direito concorrencial brasileiro conforme a Lei 12.529/2011. Goiânia (GO), 2024. 99 f. Dissertação (Mestrado Profissional em Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2024https://repositorio.unialfa.com.br/handle/123456789/403The present work is the result of research that aimed to study questions about the concept of “efficiency”, provided in § 1 of art. 36 of Law 12.529/2011. What is verified is whether the concept is well defined by the Brazilian legal system and is aligned with current competition law. Therefore, the constitutional economic order is studied and consequently art. 170 of the Federal Constitution, as the guide of the work, focusing on the caput and the principles listed in sections IV and V, as reinforcements of democracy and social justice through economic constitutional law. Brazilian Competition Law and its purpose are also studied. The study also presents consequences of the behavior of economic agents in a competitive environment and points out possible violations of the economic order. This study also aims to observe the performance of CADE (Administrative Council for Economic Defense) in the application of the same Law, as well as exploring the possible meanings of “efficiency”, and different contexts in which they are inserted. Finally, it is investigated at this point whether the “efficiency” of the legal instrument requires further guidelines. The method used to carry out the work was deductive, qualitative and exploratory, with research into legislation on the topics studied, scientific articles, works and decisions in the area of competition law.ptOrdem econômicaDireito concorrencialCADE