Antitrust and Antidumping Administrative Process: Comparative Study of the Consensual Aspect in the Exercise of the Administrative Function in the Agreement Of Leniency And in the Commitment of Prices.

Abstract

In first place, the article treats of the historicalevolution of the State in the economical domain, thatis shown more and more necessary for the guarantee ofthe principle of the free competition, having in view thecontext of the capitalist society. An approach is accomplishedabout the consensualism in the current society, aswell as of the advantages of its application. Are exposedthe principles related to the consensualism: principle ofthe efficiency, principle of the proportionality, principleof the impersonality, among others. It is made the exhibitionof the antitrust administrative process and of theantidumping administrative process, as well as of the institutes,present in both processes, is which it is possible theuse of the consense between the Public Administrationand administered, which are the leniency agreement andthe commitment of prices.