Notícias
ASSESSMENT REVIEW
CADE and OECD present review of regulations on port and civil aviation sectors
The Organisation for Economic Co-operation and Development (OECD), in partnership with the Administrative Council for Economic Defense (CADE), issued the OECD Competition Assessment Reviews: Brazil on the Brazilian National Competition Day, 27 September. The document analyses laws and other regulations which interfere with the efficient and competitive performance of the Brazilian port and civil aviation sectors.
The project, which resulted in the review, started in April 2021 and received the collaboration of the Brazilian Civil Aviation Agency (ANAC), the Brazilian Waterway Transportation Agency (ANTAQ), and the Ministry of Infrastructure of Brazil. The representatives of these bodies participated in the High-Level Advisory Group and provided relevant subsidies for the report.
The OECD consulted Brazilian authorities and private interested parties to create a document that involves the legislation analysis of the two sectors using its Competition Assessment Toolkit. The report analyses 230 regulations and identifies 550 potential competition barriers.
The organization conducted an in-depth analysis of each barrier, considering public policy objectives, the extension of the potential harm to competition, international experience, and Brazilian specifications.
According to the document, the increase in competition promotes the entry of new firms and professionals into the market, supporting investments and ultimately leading to job creation. The review also addressed the implementation of a regulatory milestone favourable to competition, allowing flexible regulations so that firms can avoid unnecessary costs in the post-pandemic period.
In the end, the document presents 368 recommendations to mitigate the harms identified. The organization evaluated how the recommendations would impact the economy and estimated economic benefits between BRL 700 million and BRL 1 billion per year for Brazilian consumers.
Civil Aviation
Brazil—the largest airline market in Latin America and the Caribbean—started a process in the 2000s to deregulate the civil aviation sector, promoting competition and the entry of new investments with regulatory changes that contributed significantly to the sector's development.
Some of the OECD recommendations to the sector are to clarify the legislation and ensure proper enforcement of an open-access regime for jet-fuel supply infrastructures, especially for large international airports, and monitor more effectively prices and the quality of airport services.
Ports
Brazilian ports use two models of management, each with its regulations. In 2021, Brazil had 125 terminals in public ports and 170 private-use terminals (TUPs) responsible for handling 34% and 66% of the load in Brazilian ports, respectively.
In the review, the OECD suggests, among other things, the abolition of the Pool of Port Workers (OGMO) monopoly on the register and supply of port workers; the abolition of the single rotation shift for pilotage, giving maritime pilots options to provide their services as per the Brazilian Pilotage Law.