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Brazil

CADE’s Comments on Brazil’s AI Bill of Law – Striking a Balance Between Regulation and Innovation
 |  Jul 24, 2024

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…

Brazilian Competition Policy in 2023: A Changing Landscape
 |  Mar 13, 2024

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…

Antitrust Risks Involving Algorithmic Pricing: The Brazilian Experience
 |  Feb 28, 2024

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…

Brazilian Competition Policy in 2022: A Year with Lasting Impacts
 |  Apr 9, 2023

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…

Is Privilege Against Self-Incrimination Applicable to Brazilian Internal Investigations?
 |  Feb 16, 2023

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,…

Towards Data Portability and Interoperability Under Brazilian Competition Law: Crafting Appropriate Legal Standards for Abuse of Dominance
 |  Dec 20, 2022

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…

Interim Measures Applied to Digital Platform Exclusivity Cases: The Brazilian Recent Experience
 |  Sep 30, 2022

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…

Privacy Harms in Platform Mergers: Lessons from Brazil
 |  Jul 24, 2022

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…

Brazilian Competition Policy in 2021: Year in Review
 |  Feb 14, 2022

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…

Competition Policy Response to Digital Based Business Expansion in Brazil
 |  Jan 18, 2022

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,…

Antitrust Compliance in Brazil
 |  Nov 16, 2021

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…

Competition Compliance in Brazil: Retrospective and Perspective
 |  Nov 16, 2021

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…

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