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On September 17, 2025, President Luiz Inácio Lula da Silva submitted a landmark antitrust bill to Congress, positioning Brazil as the first country in Latin America with a concrete proposal to regulate economic competition in digital markets. Developed by the Ministry of Finance, the bill empowers the Administrative Council for Economic Defense (CADE) to oversee and intervene in the operations of “systemically relevant” digital platforms.
The bill was the result of two years of inter-ministerial collaboration, coordinated by the Casa Civil and involving the Ministries of Finance, Justice, Public Management, Communications, among others.
How Brazil Plans to Regulate Big Tech
- Enforce conduct remedies to prevent anti-competitive behavior, such as price abuses and self-preferencing in search results.
- Require data portability, interoperability, and the integration of third-party apps.
- Examine acquisitions of startups, even if below traditional thresholds, to prevent “killer acquisitions.”
- Ban exclusivity clauses and other practices that limit market access.
A controversial element during the bill’s drafting was the proposed role of the Ministry of Justice in initiating investigations. Critics warned of potential political interference. The government later clarified that the Ministry will not have exclusive powers, reaffirming CADE’s role as the independent technical authority responsible for enforcement.
Tailored Rules, Not One-Size-Fits-All
Unlike earlier proposals inspired by the EU’s Digital Markets Act (DMA), the current bill adopts a more flexible, quasi-regulatory model, drawing from frameworks in Germany, Japan, and the UK. Rather than imposing blanket rules, CADE will apply case-by-case obligations based on each platform’s market power and behavior.
This marks a shift from Bill No. 2768/2022, introduced by Deputy João Maia in October 2022, which proposed rigid thresholds and a non-rebuttable presumption that companies earning over R$70 million (USD 14 million) were “gatekeepers.” That bill referenced the DMA and called for equal treatment of professional users and guaranteed platform access.
What This Means for Big Tech (and Everyone Else)
The government estimates that five to ten major tech companies could fall under the new regulation. However, officials have emphasized that the proposal does not target specific companies. Instead, CADE is expected to begin its enforcement by revisiting cases already decided in other jurisdictions but not yet applied in Brazil.
Finance Minister Fernando Haddad stressed that the bill is not a retaliatory measure against the United States, following recent tariff hikes imposed by President Donald Trump. Haddad explicitly denied that the antitrust proposal is a response to the escalating trade tensions, stating that the initiative has been in development for years and is rooted in Brazil’s long-term digital sovereignty agenda.
Nonetheless, the timing of the bill has drawn attention amid rising U.S.-Brazil political friction. President Trump has accused Brazil of unfairly targeting U.S. tech companies through censorship and regulation, citing the prosecution of former President Jair Bolsonaro and alleged restrictions on free speech as justification for imposing 50% tariffs on Brazilian goods. The Trump administration has also launched a formal investigation into Brazil’s digital trade practices.
Brazilian officials have pushed back, asserting that the country’s digital policies are designed to protect democratic institutions and consumer rights. President Lula has reiterated that Brazil’s sovereignty and democratic values are not negotiable, and that the antitrust bill reflects a broader effort to ensure fair competition and responsible platform governance.
Next Steps
The bill will now undergo legislative review in Congress. Given its economic focus and international alignment, the government expects support across political parties. If enacted, it will mark a significant shift in Brazil’s approach to digital market regulation and could serve as a model for other regional emerging markets.
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