A extensão dos efeitos da celebração de Acordo de Leniência com o CADE perante a administração pública

Através do presente trabalho, buscar-se-á analisar os efeitos e a extensão dos benefícios conferidos com a celebração do acordo de leniência com o Conselho Administrativo de Defesa Econômica (“CADE”), principalmente no que se refere à garantia de imunidade quanto às sanções administrativas. Nesse contexto, o presente trabalho procurará verificar se a celebração do acordo de leniência com o CADE extingue a ação punitiva da Administração Pública, ou seja, se nenhum outro ente da Administração Pública direta e indireta pode aplicar qualquer sanção administrativa à empresa leniente. Em outras palavras, se a imunidade prevista na Lei nº 12.529/2011 é restrita ao âmbito do CADE ou engloba toda a Administração Pública. Esse estudo revela-se importante, pois a possibilidade de outro órgão, também integrante da Administração pública, aplicar sanções administrativas à empresa leniente, violaria o sistema punitivo da Administração Pública, visto que o mesmo deve ser analisado e interpretado de maneira uniforme e interligada, além dos incentivos para a celebração do citado acordo de leniência serem reduzidos significativamente, caso outros órgãos da Administração Pública possam aplicar sanções administrativas, como, por exemplo, a declaração de inidoneidade. Portanto, a análise que será desenvolvida neste trabalho de conclusão de curso envolverá institutos e discussões presentes no Direito Administrativo e também no Direito Concorrencial Brasileiro, especificamente no que se refere aos benefícios garantidos com a celebração do acordo de leniência, instituto que foi criado para combater as práticas anticompetitivas colusivas.

Electoral institutions,cleavage structures,and the number of parties

Theory: A classic question in political science concems ",hat deteImines the number of parties that compete in a given polity. Broadly speaking, there are two approaches to answering this question, one that emphasizes the role of electorallaws in structuring coalitional incentives, another that emphasizes the importance of pre-existing social cleavages. In tbis paper, we view the number of parties as a product of the interaction between these two forces, following Powell (1982) and Ordeshook and Shvetsova (1994). Hypotheses: The effective number of parties in a polity should be a multiplicative rather than an additive function ofthe peImissiveness ofthe electoral system and the heterogeneity ofthe society. Methods: Multiple regression on cross-sectional aggregate electoral statistics. Unlike previous studies, we (1) do not confine attention to developed democracies; (2) explicitly control for the influence of presidential elections, taking account of whether they are concurrent or nonconcurrent, and ofthe effective number ofpresidential candidates; and (3) also control for the presence and operation of upper tiers in legislative elections. Results: The hypothesis is confiImed, both as regards the number of legislative and the number of presidential parties .

Profit sharing with heterogeneous entrepreneural prowess

This paper analyzes the impact of profit sharing on the incentives that individuals face to set up their own business. It presents a model of capital accumulation in which individuals are equally skilled to be workers but differ in their abilities to manage a firmo It is shown that profit sharing can inhibit entrepreneurial initiatives, reducing the number of firms in operation, the aggregate output and the economy's long run capital stock.

Entry mistakes happen!

Frequently, aspiring entrants have only limited infonnation about their potential rivaIs' entry decisions. As a result, the outcome of the entry game may be that more firms enter than the market can sustain; or, at least, that unnecessary entry investments are made: entry mistakes may happen. We consider two models of non-coordinated entry. In these models, entry mistakes occur because of lags in observing rivaIs' entry decisions (grabthe- dollar entry) or because entry investments take time (war-of-attrition entry). The widebody aircraft industry in the late sixties is presented as supporting evidence for the models' assumptions. We also discuss the welfare implications of non-coordinated free entry. Both models predict that entry incentives are excessive (resp. insufficient) when duopoly profits are high (resp. low). However, if entry costs are high, entry incentives are excessive under war-of-attrition entry but insufficient under grab-the-dollar entry.

What causes violent crime?

This study uses a new data set of crime ratesfor a large sample of countriesfor the period 1970- 1994, based on information from the United Nations World Crime Surveys, to ana/yze the determinants ofnational homicide and robbery rates. A simple model of the incentives to commit crimes is proposed, which explicit/y considers possible causes of the persistence of crime over time (criminal inertia). Several econometric mode/s are estimated, attempting to capture the . determinonts of crime rates across countries and over time. The empirical mode/s are first run for cross-sections and then applie'd to panel data. The former focus on erplanatory variables that do not change markedly over time, while the panel data techniques consider both the eflect of the business cyc1e (i.e., GDP growth rate) on the crime rate and criminal inertia (accountedfor by the inclusion of the /agged crime rate as an explanatory variable). The panel data techniques a/so consider country-specific eflects, the joint endogeneity of some of the erplanatory variables, and lhe existence of some types of measurement e"ors aJjlicting the crime data. The results showthat increases in income inequality raise crime rates, dete"ence eflects are significant, crime tends to be counter-cyclical, and criminal inertia is significant even after controlling for other potential determinants of homicide and robbery rates.

A model of rural conflict : violence and land reform policy in Brazil

In the past ten years the struggle for land in Brazil has taken the shape of invasions of private land by welI organized groups of land less squatters. It is argued in this paper that these invasions and the resulting contlicts are a direct response to the land reform program which has been adopted by the govemment since 1985. which is based on the expropriation of farms and the creation of settlement projects. The set of formal and informal institutions which compromise the land reform program are used as the background for a game-theory model of rural contlicts. T estable implications are derived trom this model with particular emphasis on the etfect of policy variables on violence. These are then tested with panel data at state levei from 1988 to 1995. - It is shown that govemment policy which has the intent of reducing the amount of violence has the opposite etfect of leading to more incentives for contlicts.

Formation and destruction of coalition groups under economic growth

This paper introduces a model economy in which formation of coalition groups under technological progress is generated endogenously. The coalition formation depends crucially on the rate of arrival of new technologies. In the model, an agent working in the saroe technology for more than one period acquires skills, part of which is specific to this technology. These skills increase the agent productivity. In this case, if he has worked more than one period with the same technology he has incentives to construct a coalition to block the adoption of new technologies. Therefore, in every sector the workers have incentives to construct a coalition and to block the adoption of new technologies. They will block every time that a technology stay in use for more than one period.

Evidence on the incentive optimality of share contracts

Ever since Adam Smith, economists have argued that share contracts do not provide proper incentives. This paper uses tenancy data from India to assess the existence of missing incentives in this classical example of moral hazard. Sharecroppers are found to be less productive than owners, but as productive as fixed-rent tenants. Also, the productivity gap between owners and both types of tenants is driven by sample-selection issues. An endogenous selection rule matches tenancy contracts with less-skilled farmers and lower-quality lands. Due to complementarity, such a matching affects tenants’ input choices. Controlling for that, the contract form has no effect on the expected output. Next, I explicitly model farmer’s optimal decisions to test the existence of non-contractible inputs being misused. No evidence of missing incentives is found.

Affirmative action in college admission and the proficiency of high school students

Economic theory suggests that a¢ rmative action can either reduce or enhance incentives to invest in human capital. Empirical evidence on this matter, however, is still lacking. Using di¤erence in di¤er- ence estimates, this paper evaluates the e¤ects of the quota system in the admission to Brazilian public universities on the pro ciency of high school students. Our ndings show that favored groups attained lower scores, suggesting a negative link between a¢ rmative action and incentives for e¤ort and skill acquisition.

Endogenous supply of fiat money

We address whether reputation concerns can discipline the behavior of a self-interested agent who has a monopoly over the provision of fiat money. We obtain that when this agent can commit to a plan of action, there is a monetary equilibrium where it never overissues. We show, however, that such equilibrium is no longer possible when there is no commitment. This happens because the incentives this agent has to maintain a reputation for providing valuable currency disappear once its reputation is high enough. More generally, we prove that there is no monetary equilibrium where overissue happens only infrequently. We conclude by showing that imperfect memory can restore the positive result obtained in the presence of commitment.

The effects of credit risk transfer on bank monitoring and firm financing

This paper examines the efects of the transfer of credit risk associated with bank loans. We are interested in (a) whether the transfer of credit risk has any impact on the intensity with which banks monitor their borrowers and (b) whether credit risk transfer infuences the amount of financing that is provided to firms in an economy. Our model first develops conditions under which bank finance is available to firrms, mainly in the spirit of Holmstrom/Tirole (1997). We then introduce projects with uncorrelated pay-offs and argue that one possible economic rationale for credit risk transfer is diversi¯cation. We analyze whether and how within this scenario the transfer of the credit risk of loans changes a bank's incentives to monitor its debtors. Finally we investigate whether and what kind of impact this may have on the amount of ¯nancing available to firms in an economy. Our results indicate that the monitoring incentives are being eroded indeed and that credit risk transfer can increase the overall amount of obtainable funds in an economy.

Regional subsidies and industrial prospects of lagging regions

Large and sustained differences in economic performance across regions of developing countries have long provided motivation for fiscal incentives designed to encourage firm entry in lagging areas. Empirical evidence in support of these policies has, however, been weak at best. This paper undertakes a direct evaluation of the most prominent fiscal incentive policy in Brazil, the Fundos Constitucionais de Financiamento (Constitutional Funds). In doing so, we exploit valuable features of the Brazilian Ministry of Labor's RAIS data set to address two important elements of firm location decisions that have the potential to bias an assessment of the Funds: (i) firm “family structure” (in particular, proximity to headquarters for vertically integrated firms), and (ii) unobserved spatial heterogeneity (with the potential to confound the effects of the Funds). We find that the pull of firm headquarters is very strong relative to the Constitutional Funds for vertically integrated firms, but that, with non-parametric controls for time invariant spatial heterogeneity, the Funds provide statistically and economically significant incentives for firms in many of the targeted industries.

Workplace diversity and incentive contracts : theory and evidence

This paper presents a simple theory of the provision of incentives in firms in which the principal optimally chooses both compensation contracts and the composition of the work force. Assuming that individuals display group loyalty, a less diverse (more homogeneous) work force will be more cooperative. Simple comparative statics provide some testable implications relating risk, diversity and incentive pay. I also analyze the case in which workers’ characteristics cannot be readily observed ex ante. The theory then predicts that firms are more likely to prevent workers from interacting with each other when workers are expected to have similar characteristics. This shows a surprising effect of diversity in the workplace: more diverse firms will promote more interactions between workers of different types, i.e. they will be less segregated. I test the main predictions of the model using a cross-sectional sample of corporate boards. I use the proportion of women on boards as a measure of diversity. There are three main empirical findings: (1) a significant negative correlation between firm risk and diversity, (2) a significant positive relationship between performance-based compensation and diversity and (3) a significant positive correlation between the number of board meetings (a measure of interactions among directors) and diversity. The evidence is broadly consistent with the implications of the theory.

Credible managerial vision

We develop a model in which managers choose whether or not to reveal their “vision” for the future of their companies. Visionary managers are valuable because they generate incentives for workers to develop profitable innovations for the firm. However, managerial vision is not necessarily credible. After workers have invested in developing ideas, there is no a priori reason for a manager to keep her earlier promises when new contingencies arise and make it profitable to change the firm’s strategic direction. We show that credible managerial vision will arise in equilibrium when managers have career concerns. In order to credibly implement their visions, managers issue public “mission statements” to motivate workers. Mission statements are not legally binding contracts and their value comes solely from their effects on managerial opportunities outside the firm. Among the new implications of the model, we show that managerial vision is more likely to be credible in industries in which managerial turnover is high and in which the managerial skill premium is high. Differently from the related literature that take managerial biases as exogenous, we show not only that biases increase workers’ incentives, but also that the need to provide incentives to workers increases managers’ incentives to become credible visionaries.

Contracting with repeated moral hazard and private evaluations

A repeated moral hazard setting in which the Principal privately observes the Agent’s output is studied. It is shown that there is no loss from restricting the analysis to contracts in which the Agent is supposed to exert effort every period, receives a constant efficiency wage and no feedback until he is fired. The optimal contract for a finite horizon is characterized, and shown to require burning of resources. These are only burnt after the worst possible realization sequence and the amount is independent of both the length of the horizon and the discount factor (δ). For the infinite horizon case a family of fixed interval review contracts is characterized and shown to achieve first best as δ → 1. The optimal contract when δ << 1 is partially characterized. Incentives are optimally provided with a combination of efficiency wages and the threat of termination, which will exhibit memory over the whole history of realizations. Finally, Tournaments are shown to provide an alternative solution to the problem.