Dealing with moving targets: A Brazilian perspective of enforcement in the interface of competition law and data protection

Caio Mário S. Pereira Neto, Daniel Douek, Daniel Favoretto and Giulia de Paola1

Chapter 21 in Research Handbook on Data, Privacy and Competition Law, 2025, pp 479-510 from Edward Elgar Publishing

Abstract: The interface between competition policy and data protection has expanded during the past few years following the fast development of digital markets and the enactment of data protection laws worldwide. However, this phenomenon has impacted different jurisdictions at different paces and with different intensities. While part of this process, Brazil has peculiarities of its own, as demonstrated by recent case law and institutional changes. In this chapter, we provide an overview of this process, looking at the interaction of the two policies at the enforcement level in Brazil. Although the European Union inspired core aspects of the Brazilian competition and data protection laws, a few differences stand out, among which a greater concern to avoid the risk of over-enforcement in emerging digital markets. Despite some self-restraint decisions, Brazil's competition authority (CADE) has sent a few signals of new trends in cases involving data-intensive industries and adopted an active position through advocacy measures in relevant national and international fora. On the data protection front, there is a clear perception of the impact of privacy regulations on competition and the willingness of the data protection agency to collaborate with the competition authority.

Keywords: Competition law; Data protection; Brazilian case study; CADE; LGPD (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802202328
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