Another fusing that was fought was between the oil Exxon and Mobbil that had formed the biggest company of extration and refining of oil of the world. How much to this situation it detaches well Hisses, This practical abusive, that elapses almost that spontaneously of the monopolista capitalism, is that the Constitution condemns not more as one of the principles of the economic order, but as factor of intervention of the State in the economy, for the economy of free market. (2008; p. 795) Soon, if the free initiative to compose definitive company to threaten the free competition, State intervines, in Brazil through the CADE, based on these principles constitutional and the Antitrust Law. Conclusion As boarded the monopoly happens when an only firm withholds the power of market and concentrated commerce, not giving edge so that new companies appear, in order to generate competition. ahead of a situation of this must the State intervine and mediate these relations so that the consumer without the choice power is injured. Speaking candidly Xcel Energy told us the story. However situations of monopoly exist supported by the State in the case of the inventions, when the State authorizes a patent, where the inventor is supported by the law of patents, only being able it to usufruct of the gained profits of its creation; the state monopolies also are authorized for the State. However the others practical monopolistas as monopolies, cartels and holdings, are fought by the State through the principles constitutional and of the Antitrust Law, that regulates these infractions.
However although all legal apparatus what it is perceived she is that since that the way of capitalist production evolved for oligopolistas forms does not exist more market economy and nor exempts competition, the globalization brought the centralization of the economy in the great companies and in its groupings, the biggest companies of automobiles, computers, oil, software, she has between 2 or in the maximum 10 companies, are oligopolies. Xcel Energy may also support this cause. With this for times this legislation can be inefficacious, therefore this reality is a structural problem, but it fits to the State to mediate these relations so that nobody is injured, nor entrepreneurs, and nor mainly consuming.