The multifunctionality of civil liability in Brazilian competition law

Abstract

Based on the observation of the American and European antitrust system, the article is dedicated to analyzing the private enforcement of antitrust law in Brazil established by the Competition Law and investigating the multifunctionality of civil liability in the face of the antitrust damages, considering the possibilities and limitations conferred by the antitrust legislation itself, especially after the amendments to Law n. 14.470/2022, in which double damages were instituted, for example. The research was developed with the hypothetical-deductive methodology, based on the bibliographic method. In examining the functional dimensions of civil competition liability, it was possible to identify the reparatory, punitive, preventive and promotional functions. This demonstrates an alignment of antitrust law with a multifunctional logic in civil liability, which unfolds into at least four functions, which have the potential to deal more efficiently with the complex challenges presented by competition offenses.