Washington – The Brazilian government has introduced a congressional bill on digital market competition and regulation, proposing a reform of the country’s competition law and the introduction of an ex-ante regulatory framework for digital markets. The proposed antitrust reform reflects the recommendations previously published by the Ministry of Finance.
Last year, the Computer & Communications Industry Association submitted comments in response to the Ministry of Finance’s public consultation on the economic and competitive aspects of digital platforms. In addition, CCIA Vice President of Global Competition and Regulatory Policy Krisztian Katona delivered remarks during the Brazilian Chamber of Deputies’ Economic Development Commission hearing on Bill No. 2768/2022, the previous “Brazilian DMA proposal,” and CCIA also submitted comments to the Brazilian Congress in response to its public consultation on the same bill in December 2023.
Under the proposed reform, CADE, the country’s competition authority, could designate certain digital platforms as “systemically relevant,” based on qualitative and quantitative criteria. The agency would then investigate the designated companies, and it could impose special obligations on specific platforms. The proposal also aims to create a new Superintendence of Digital Markets within CADE.
CCIA has advocated for technology policy that advances competition and innovation for over 50 years.
The following can be attributed to CCIA Vice President of Global Competition and Regulatory Policy Krisztian Katona:
“The few existing international digital regulatory frameworks remain experimental, and early evidence raises serious questions about their effects on innovation, productivity, and economic growth. With such a vibrant start-up ecosystem and digital economy, it is particularly important that Brazil’s policymakers carefully consider how the proposed regulations may impact investment and innovation, and ensure that any framework remains principles-based, non-discriminatory, and implemented in a fair and proportionate manner.”
