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Competition Policy Response to Digital Based Business Expansion in Brazil
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, also bringing the perspective for the coming years. Despite the absence of institutional changes directed to digital markets, CADE undertook extensive efforts to properly assess such mergers and abuse of dominance cases. The results are visible and important given Brazil’s position as a developing economy. Considering the BRICS countries, CADE is an early adopter of the concepts and evolution is visible. On the other hand, abuse of dominance case analysis is still in earlier steps and divided in its legal standard. When discussing digital platform antitrust there are many global challenges with no simple answers. CADE is up to the task, with transparency and engagement with the antitrust community.