Análise da cobrança da Terminal Handling Charge 2 (THC2) sob a ótica regulatória e concorrencial

Abstract

The theme is already in a relevant position in the antitrust community. There have been more than 20 years of divergent decisions between CADE, ANTAQ and the Judiciary, with opposing positions within the agencies themselves. Besides all the factual and doctrinal divergence, the regulation prepared by ANTAQ has undergone several changes over the years, including protests in the TCU about the legality and effectiveness of the rules. The subject, even though it started more than 20 years ago, is currently one of the most relevant for competition law, exactly because there is no consolidated understanding, remaining open to new decisions and conclusions. Besides its relevance to the law, the theme is of personal interest to me, due to the work I have done on the subject during my years of internship. The subject will still be debated for many years to come. The debate has had several evolutions over the years, with the aforementioned regulatory changes and with several decisions from both the judiciary and the antitrust authorities. The research analyzes a variety of decisions, academic articles and regulations to be treated as the subject of the course completion paper