Brazilian Government sends project on digital markets to Congress

On 17 September, the Brazilian Federal Government sent a Bill on Fair Competition in Digital Markets to the Chamber of Deputies of Brazil, which strengthens the instruments of the Administrative Council for Economic Defense (CADE) to face competition challenges in digital markets.

The proposal based on a public consultation and CADE’s technical collaboration, provides for the creation of a specialised department for digital markets in the agency. It will be responsible for analysing the legal framework of platforms with systemic relevance — big companies whose position in the digital ecosystem affects consumers and businesses.

If applicable, the obligations will be approved by the Tribunal of CADE after an administrative proceeding, ensuring the right to full answer and defence to the parties involved. In case of non-compliance, the agency may impose fines and other corrective measures.

The proposal aims to lower barriers and costs, bringing more balance to digital markets. The goal is to prevent practices that hinder free competition and ensure more transparency, balance, and choices for consumers and companies, while preserving innovation.

According to Mr Gustavo Augusto, president of CADE, “The quick changes derived from artificial intelligence and digital economy advances triggered the need for competition authorities to reconsider their instruments for antitrust enforcement worldwide. Our focus is to protect consumer welfare and ensure that competition in digital markets occurs in a fair and balanced way”.