On 17 September 2025, the Bill on systemic relevance in digital markets and creation of the Superintendence of Digital Markets (PL 4675/2025) was introduced in the Chamber of Deputies. The Bill amends Law No. 12.529 of 30 November 2011 by establishing procedures for the designation of economic agents of systemic relevance in digital markets and the determination of special obligations applicable to such agents, as well as by creating the Superintendence of Digital Markets within the Administrative Council for Economic Defence (CADE). The Bill sets out that CADE may designate agents as systemically relevant when they exhibit characteristics such as multi-sided market presence, strong network effects, vertical integration, strategic importance for third-party activities, significant access to personal and commercial data, or a large professional and end-user base, with eligibility limited to groups recording annual gross revenue exceeding BRL 50 billion worldwide or BRL 5 billion domestically. Obligations for designated agents include maintaining an office in Brazil, keeping representative information updated, notifying concentrations irrespective of thresholds, disclosing terms of service, pricing structures, and ranking criteria, refraining from exclusionary or discriminatory practices, enabling data portability and interoperability, and ensuring non-discriminatory access to services. The Superintendence of Digital Markets is mandated to oversee compliance, initiate administrative proceedings, and propose sanctions, while the CADE Tribunal retains authority for final determinations.
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