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Mechanisms of companies’ recovery may lead to market concentration, thusly, highlighting the need for harmonization between institutes of Corporate Recovery Law and Antitrust Law. Therefore, the theory of the ‘failing firm defense’ is a possible solution for this problem – specifically, in cases in which acquiring assets of struggling companies in rehabilitation may lead to market concentrations. Finally, this paper defends the thesis that, if their application criteria are met, the theory of the failing firm defense is compatible with the Brazilian legal system, contributes both to the preservation of business activities and upholds the continuation of the free competitive market.

Aquisição de ativos da empresa em crise e concentração de mercado: análise à luz da teoria da Failing Firm Defense