Review №1 of Brazilian Antitrust News from the Experts of the BRICS Competition Centre
- CADE Launches Investigation Against Meta*
- The Regulator is Relying on British Experience in the Investigation Against Microsoft
- Sabesp Acquires New Assets in São Paulo
- Rehabilitation of Azul Suspended Due to Antitrust Concerns
- A CADE Document to Compete for an International Award
- CADE President Announces Potential Legislative Expansion of Regulator's Competences, Referencing Congress
- Brazilian Agribusiness Opens New Markets
- CADE’s Department of Economic Studies Marks 15 Years of Work
- New CADE Publication to Highlight Innovations in the Public Sector
CADE launches investigation against Meta*
Brazil's regulatory authority has launched an investigation against the Meta group (Facebook* and WhatsApp) due to the introduction of new terms of use for WhatsApp Business. Startups Zapia and Luzia accused Meta of creating rules that effectively ban third-party developers from offering generative AI services on the platform, thereby creating an artificial monopoly for Meta AI. As a precautionary measure, CADE ordered the suspension of these rules. In response, Meta revised its operating terms for the Brazilian market, allowing general-purpose AI chatbots to use the official API to interact with users in Brazil. The regulator also sent the company a detailed questionnaire on competition in the AI sector, which must be answered by January 30, 2026.
The event highlights the growing tension between global tech giants and local AI innovation startups, and the initiation of the investigation reflects CADE's commitment to ensuring fair competitive rules for the AI ecosystem in its early stages of development.
*banned and designated as extremist in Russia
Source: CADE, CNN Brasil
The regulator is relying on British experience in the investigation against Microsoft
CADE is also launching a proceeding against Microsoft to examine potential anti-competitive practices in the enterprise software and cloud computing markets. The move was prompted by a report from the UK regulator (CMA), which found that Microsoft's licensing policies hinder competitors such as AWS (Amazon) and Google. The main allegation is that customers whose workflows depend on Microsoft software face limitations when choosing alternative cloud providers. CADE intends to determine if the same is happening in the Brazilian market.
Most likely, the case will center on the "vendor lock-in" policy practiced by major software suppliers. If CADE finds violations, it could lead to a mandatory change in licensing rules in Brazil, making it easier for other cloud platforms to compete.
It is important to note that this event confirms the trend of global synchronization among antitrust authorities. Brazilian authorities are directly relying on the findings of their foreign counterparts to protect their own digital economy. For businesses, a successful investigation could mean a potential reduction in IT infrastructure costs in the future.
Source: CNN Brasil
Sabesp acquires new assets in São Paulo
CADE unanimously approved Sabesp's acquisition of control over the energy company Emae from São Paulo. The regulator dismissed an appeal from the company Phoenix Água e Energia, ruling that it had no legal grounds to appeal as it was not recognized as an interested third party. The rapporteur, José Levy, noted the absence of any signs that the transaction could harm competition in the relevant markets and approved the operation without restrictions.
The decision finalizes the process of consolidating assets in the water supply and energy sector of the state of São Paulo. The approval without restrictions indicates the regulator's high level of trust in the deal's structure and its neutral impact on the market environment.
Source: CADE
Rehabilitation of Azul suspended due to antitrust concerns
CADE's President, Gustavo Augusto, suspended a previously granted technical approval for a deal in which United Airlines was to increase its stake in Azul from 2% to 8% as part of a $100 million transaction. The reason was a protest from the IPC Consumo institute, which expressed its desire to participate in the process as an interested third party. The regulator gave the institute 15 days to provide evidence that the deal could affect consumer interests. This is despite CADE's technical department previously stating that the airlines' routes do not overlap and that the transaction poses no threat to competition.
Consumer protection institutes wield significant influence over major corporate deals in Brazil. Although the investment is part of Azul's restructuring under bankruptcy proceedings and aims at the company's rehabilitation, CADE is prepared to revisit the circumstances of the deal. For the aviation industry, this means a delay in crucial financial inflows and the necessity to prepare more detailed and in-depth arguments in the future, demonstrating that strategic partnerships do not lead to the establishment of hidden market control or an increase in prices for passengers.
Source: CNN Brasil
A CADE document to compete for an international award
The updated 2025 "Leniency Guide" (Guia de Leniência) from CADE has become a finalist for the prestigious international Antitrust Writing Awards in the "Soft Law — Americas" category. The award, organized by the journal Concurrences, selects the best publications in the field of competition law worldwide. The winners of the final will be announced on March 24, 2026, in Washington, D.C., after a voting stage by the jury and the public. The nomination confirms the alignment of Brazilian tools for combating anticompetitive behavior with the best global practices.
The concept of "soft law" fosters a more predictable business environment, attracting foreign investment through reliable legal institutions and the technical competence of the regulator.
Source: CADE
CADE President announces potential legislative expansion of regulator's competences, referencing Congress
CADE President Gustavo Augusto stated in an interview that the regulator maintains a firm yet open-to-dialogue stance towards Big Tech. He emphasized the importance of reaching consensual solutions, as evidenced by a record number of settlements in 2025. It was also noted that legislative initiatives being discussed in Congress could expand CADE's powers, allowing the agency to establish general rules for digital platforms to ensure a level competitive playing field without stifling innovation.
Source: CADE
Brazilian agribusiness opens new markets
The Brazilian government has successfully completed technical (sanitary) negotiations, securing access to export new agribusiness products to Malaysia and Myanmar. Malaysia, which is already a major partner with imports from Brazil totaling $1.2 billion, has authorized shipments of animal by-products—poultry meal and fat, used in feed production. Myanmar, on the other hand, has approved the import of a wide range of goods: peanuts, sesame, Brazil nuts, baru nuts, and coffee seedlings. In 2025, Brazilian exports to Myanmar amounted to $38 million.
Brazil continues to strengthen its position as a global leader in the agribusiness sector, diversifying not only its geography but also its product line. Expanding access to large Asian markets adds value to the meat processing supply chain and promotes the sustainable development of the Brazilian meat industry. In the case of Myanmar, the focus on nuts and coffee seedlings allows Brazilian producers to occupy niche markets. In recent years, Brazil's foreign trade has been characterized by the active opening of new markets and the expansion of its export product range.
Source: CNN Brasil
