Brazil

This article aims at demonstrating that CADE wants to actively participate in the SIA and to maintain its ability to enforce the Brazilian Competition Act despite the current limitations of...

By Ademir Antonio Pereira Jr., Yan Villela Vieira & Gabriel de Aguiar Tajra1   This article discusses critical developments in Brazilian Competition Policy in 2023. We present an overview of...

This article deals with the Brazilian antitrust authority (the Administrative Council for Economic Defense – “CADE”) experience on the topic of algorithms and artificial intelligence, specifically in the analysis of...

By Ademir Antonio Pereira Jr., Yan Villela Vieira & Gabriel de Aguiar Tajra1 This article discusses key developments in Brazilian Competition Policy in 2022. Here, we present a short review of recent changes in the organization and decision practice of the Brazilian Competition Agency (“CADE”) in 2022, as well as new trends and perspectives for […]

Brazilian practitioners face a dilemma regarding conflicting labor and criminal provisions arguably applicable to employees under internal investigations regarding, on one hand, employee cooperation obligations and, on the other hand, privilege against self-incrimination. Applicability is indeed arguable since there are no specific statutory provisions or robust case law regarding internal investigations in Brazil. This paper […]

A crucial area of complementarity between competition and data protection law regimes is ensuring greater data mobility through data portability, interoperability, and open data standards in digital markets. The paper discusses how antitrust agencies would evaluate dominant platforms’ strategies to prevent data interoperability as an abuse of dominance violation. It delves into this topic against […]

Antitrust enforcement in digital markets requires a cautious approach, yet their fast-changing nature also calls for quick responses. In certain circumstances, interim measures may serve as tools to enable some level of preliminary intervention before it is too late, but could be especially challenging when imposed on digital platforms without in-depth knowledge on the investigated […]

By Victor Oliveira Fernandes1   I. Introduction In recent years, several antitrust authorities have expressed more significant concerns about privacy degradation in digital markets.2 Influent commentators argue that antitrust and privacy policies are now converging in their goals to protect individuals against the asymmetry of economic powers.3 More conservatively, one can assert at least that […]

By Ademir Antonio Pereira Jr., Yan Villela Vieira & Gabriel de Aguiar Tajra1   This article discusses the main aspects of Brazilian Competition Policy in 2021. We present a review of institutional changes and the development of the decision practice of the Brazilian Antitrust Agency (“CADE”). We also highlight trends and perspectives for the upcoming […]

This note discusses recent developments at the Brazilian Antitrust Authority – CADE – on handling digital markets and platform cases. It provides a brief view of official reports and jurisprudence, also bringing the perspective for the coming years. Despite the absence of institutional changes directed to digital markets, CADE undertook extensive efforts to properly assess […]

Antitrust compliance programmes are not mandatory in Brazil. Nevertheless, the Brazilian antitrust authority, CADE, pays special attention to them. In this regard, CADE institutionally promotes the compliance agenda and, when examining anticompetitive conduct or merger review proceedings, is receptive to compliance programmes’ clauses. Compliance programmes are valuable tools to multiply the effects of competition law […]

CADE has been one of the lead authorities in Brazil to disseminate a compliance culture through its rules, guidance, and case law, which evolved considerably since 2004 and in particular over the past five years. Its enforcement policies and procedures made public in guidelines and proposed regulations confirm that the agency is aware that ensuring […]