Competition law and policy in Brazil: 2022 retrospective and new perspectives

2023’s first edition of Competition Law and Policy in Brazil: New Developments summarizes recent highlights and changes in Brazil’s antitrust policy during 2022, outlining trends and different perspectives of the Brazilian antitrust authority’s (Cade) handling of important antitrust cases.

The publication features specialist analysis from our Antitrust professionals, who draw attention to what companies should keep on their radar when doing or planning to do business in Brazil.

The topics covered in this edition are described below:

Merger cases

Cade reviewed a significant number of transactions in 2022, even exceeding the record from the previous year. This increase in the number of reviewed transactions reflects the trend of constant growth over the past five years, despite the various political, economic, and public health challenges Brazil has faced during this period.

As well as the increase in the number of reported transactions, 2022 also saw an increase in intervention requests from interested third parties, which led Cade to analyze these requests with greater scrutiny. Given the growth in the volume of transactions, Cade has commenced plans to implement a digital market testing system requiring electronic form submissions.

In addition, certain decisions from Cade deserve attention, including the decisions concerning the definition of economic groups and collaboration between companies in the automobile sector.

Anticompetitive conduct

Cade also reviewed a large number of cases relating to anticompetitive conduct last year, although this time, the number of decisions Cade’s Tribunal handed down was lower than in 2021. Despite this, a significant number of settlement agreements were signed, decreasing the number of agreements that are still waiting for a ruling. 2022 was also marked by Cade’s Tribunal’s increased scrutiny of the decisions issued by Cade’s General Superintendence – especially those concerning preventive measures.

The authority is continuing to review cases of unilateral conduct, while Brazil’s judiciary is also expected to analyze antitrust matters more closely in 2023.

Draft bill on digital platforms

Bill No. 2768/2022 is currently being analyzed by federal legislators. The bill concerns the operation of digital platform services and proposes granting Brazil’s National Telecommunications Agency (Agência Nacional de Telecomunicações – Anatel) the power to regulate how digital platforms operate, especially those identified as possessing ‘the power to control essential access’ (similar to the European Commission’s ‘gatekeeper’ concept). According to the bill, digital platforms that register BRL 70 million or higher in annual gross revenue when providing services to people in Brazil would be deemed to possess the ‘power to control essential access’.

Please click here to read the publication in full.

For further information on antitrust matters in Brazil, please contact Mattos Filho’s Antitrust practice, or see the previous edition of Competition Law and Policy in Brazil: New Developments.