Brief notations on the electronic commerce Breves anotações sobre o comércio eletrônico

Sandra Barbon Lewis, Sérgio Eduardo Canella
2005 Scientia Iuris  
This study verifies the aspects of the business concentration in the electronic commerce. For that, primarily, an analysis of these companies' role in the global context is made, starting from technological advances as well as from the new world situation that both presented to them. The instantaneous flow of information made possible by the Internet as well as the high level of competitiveness introduced by the world-wide order, both led the economy agents to seek inside the online business
more » ... a new perspective of both expanding to a new market and international business. After this first step, we move to identifying the formation, sprouting, development, and legal definition of the online business in order to understand its characteristics e modalities; to observe the structure of the online market and discuss the transition of a conventional economy model to a new electronic or digital model; to question the existence of an online or virtual company starting from the development of the Teoria da Empresa as well as its way the way of work of the company in the web. After this initial contingencies are covered, the aim of the present work was to focus on the business concentration which foments the corporation development, but also represents a problem of great economic repercussions. Being so, search was made throughout the legal literature, for the existent types of corporation concentration, and throughout Brazilian Antitrust Law, for the regulation on this concentration, especially, in the Article 54 of the 8,884/94 act which predicts the regulation on acts and contracts that may lead to a corporation concentration. After the presentation of the online transaction models made by the corporations, it was observed, in pratical cases, the potential business concentration as well as the difficulties of relating and applying the Brazilian Antitrust Law in these cases. Thus, before the endless resources made possible by the Internet and the new corporation ways of acting born with the online business, merges the [...]
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