In February, the Tribunal of the Administrative Council for Economic Defense (“CADE”, in its Portuguese acronym) dismissed, without a decision on the merits, a case involving the potential acquisition of a bus ticket management software company by a passenger road transport company.
The transaction, previously cleared without restrictions by CADE’s Superintendence-General (“SG”), was brought before the Tribunal following a third-party complaint alleging that the parties had provided misleading information, including the omission of a prior transaction involving the same relevant market and insufficient disclosure of potential interlocking directorates.
The Tribunal found that the available information was insufficient to assess the transaction and therefore dismissed the case without ruling on the merits. It further recommended that the SG consider initiating proceedings to investigate the potential submission of false information, which may be subject to fines of up to BRL 5 million.
In February, CADE’s Tribunal approved settlement agreements with two football leagues under investigation for gun jumping, following an anonymous complaint.
The Tribunal found that the creation of the leagues by competing clubs to coordinate the joint commercialization of commercial and broadcasting rights constitutes associative agreements, given the contractual joint venture nature of the arrangements – involving integrated resources, shared results, and coordinated management. Accordingly, where the applicable revenue thresholds are met, such arrangements are subject to mandatory notification to CADE.
One league, whose economic groups met the applicable threshold, acknowledged the gun jumping infringement and agreed to pay approximately BRL 500,000, while the other league committed to regularizing potential future notifications, but was not subject to a pecuniary contribution, as the relevant thresholds were not met.
CADE’s Tribunal upholds preventive measure addressing potential foreclosure risks against AI chatbots
In March, CADE’s Tribunal rejected an appeal by a technology company and upheld a preventive measure issued by the SG suspending new messaging app terms of use with alleged exclusionary effects against rivals AI chatbots, subject to daily fines of BRL 250,000 in the event of non-compliance.
The measure followed claims that the new terms would hinder third-party activity and foreclose the AI messaging solutions market. The company argued in its defense that access to its platform was non-essential and restrictions were technically justified. However, the Tribunal unanimously found that the updated terms could potentially exclude chatbot providers from a relevant distribution channel and upheld the preventive measure.
Following the decision, the Tribunal found that the company amended its terms of use to allow charges for AI chatbot messages to Brazilian users while CADE’s preventive measure remained in force. It concluded that the changes could indirectly reproduce exclusionary effects similar to the suspended clauses, thereby contravening the measure. The Tribunal further emphasized that compliance required not only suspending the new terms but also adopting concrete measures to restore affected chatbots to their prior operating conditions.
CADE’s Tribunal upholds preventive measure against bank, and recommends broader investigation into the digital wallets market
In March, CADE’s Tribunal upheld a preventive measure against a financial institution under investigation for alleged discriminatory refusal to process transactions involving competing digital wallets.
During the preliminary investigation, the SG identified evidence that the bank denied credit card transactions on rival platforms while accepting equivalent transactions on its own channels. In its defense, the bank argued that the refusals were based on objective risk criteria and raised procedural objections regarding lack of access to evidence.
The Tribunal unanimously found ongoing indications of anticompetitive conduct with exclusionary effects and risk of harm, but ordered adjustments to ensure the bank’s access to the evidentiary records. It also recommended the SG to investigate similar conduct by other companies.
CADE launches draft Guidelines on Competitor Collaboration
In March, CADE launched a public consultation on the draft of its new Guidelines on Competitor Collaboration (“Guidelines”). The Guidelines aims at increasing transparency and predictability in the authority’s enforcement in cases involving cooperation between competitors, such as associations, joint ventures, joint purchasing arrangements, benchmarking practices, production and/or logistics agreements, sustainability initiatives, and R&D.
According to the Guidelines, while such arrangements may generate efficiencies and innovation, they may also raise competition concerns, particularly when involving coordinated conduct and/or exchange of competitively sensitive information, which includes, among others, confidential and specific information on employees’ salaries and benefits, as well as policies on hiring and retention of employees.
The Guidelines provide practical guidance on structuring lawful collaborations and identifying risks, with contributions open until June 18. The Brazilian initiative is aligned with the recent public inquiry launched by the U.S. Department of Justice and the Federal Trade Commission, which seeks input on potential new guidance regarding competitor collaboration following the withdrawal of prior guidelines in December 2024.
CADE’s Tribunal approves settlement in Brazil’s first algorithmic collusion case
In April, CADE’s Tribunal approved a settlement agreement with a developer of algorithmic pricing software used by fuel stations, which was under investigation since 2024 for alleged algorithmic collusion. According to the investigation, the developer and a sectorial association that ordered fuel stations to hire algorithmic pricing software allegedly influenced competitors to adopt uniform commercial practices in the Brazilian fuel market, potentially effecting the sustaining of elevated prices and reduced discounts.
The settlement establishes a set of commitments to be followed by the company. These include measures related to governance, data confidentiality and segregation, and the auditing of the algorithm. It also provides for monitoring mechanisms, including CADE’s access to the company’s premises and systems, obligations to provide market share information, and a temporary prohibition on entering into new contracts until the implementation of the agreed measures.
CADE’s Tribunal advances scrutiny of ‘scraping’ practices in search market
In April, CADE’s Tribunal unanimously ordered the opening of a formal proceeding against a major tech company for alleged abuse of dominance in the search market, involving the extraction and display of journalistic content without proper compensation (“scraping”). The decision reflects the need to deepen the investigation given the conduct’s technological evolution since 2019.
The SG had previously closed the case for lack of evidence, but the Tribunal overruled the decision and called the case for further review. In 2025, it also invited contributions from civil society, including associations, NGOs, academics, and other stakeholders.
Following additional analysis, Commissioner Diogo Thompson found that the investigated conduct had evolved, notably through the use of AI tools capable of synthesizing content directly in search results. He further noted that publishers may be structurally dependent on the platform’s intermediary role, given their reliance on search traffic – a context that could enable an exploitative abuse of dominance, involving the extraction of economic value from third-party content without adequate compensation. On this basis, the Tribunal unanimously determined that the case warrants further scrutiny by the SG.
After more than 25 years of negotiations, the trade agreement between Mercosur and the European Union (“Agreement”) was signed and is expected to enter into force provisionally on May 1st.
Amid a turbulent global trade environment, the Agreement gained renewed momentum and was fast-tracked. Less than two months after signing, Mercosur members completed ratification, and the European Commission approved the provisional application. Despite resistance from some EU Member States and a pending legal opinion request to the Court of Justice of the EU, the Commission secured political support for provisional implementation.
The Agreement is expected to expand market access, reshape supply chains, and increase investment flows between the regions. For Mercosur, it is likely to enhance access to one of the world’s largest markets, with the potential to improve export conditions for agricultural and industrial products. For the European Union, it strengthens economic ties with a region rich in natural resources and critical inputs, while also expanding export opportunities for manufactured goods, services, and technology.
The implementation of the Agreement is expected to trigger a process of adaptation and pursuit of new opportunities by Brazilian companies, making it important to begin assessing its potential impacts on their operations as early as now.
In March, Brazil issued Decree No. 12,866 regulating, for the first time, procedures for investigating and applying bilateral safeguards. The measure allows Brazil to respond to sudden increases in imports resulting from tariff reductions under trade agreements. The regulation comes amid an expansion of Brazil’s network of trade agreements, such as the recent Mercosur–European Union agreement, which is expected to increase by approximately 2.5 times the share of Brazilian trade covered by tariff preferences.
The Foreign Trade Chamber (“CAMEX”, in its Portuguese acronym) will apply safeguards following an investigation that may be requested by the domestic industry or, exceptionally, initiated ex officio by the Secretariat of Foreign Trade (“SECEX”, in its Portuguese acronym). Possible measures include: (i) the temporary suspension of the negotiated tariff reduction schedule; (ii) the reinstatement of the tariff applied prior to the entry into force of the agreement; and (iii) the establishment of a tariff-rate quota, which sets a volume of imports that will continue to benefit from tariff preferences.
Contributions on the matter are open until April 28.
In April, Brazil launched a public consultation to gather input for Mercosur’s trade negotiations with South Korea and Vietnam.
Topics include:
The participation of Brazilian companies at this stage is essential to provide the Government with the necessary information and data to conduct the negotiations in the best interest of the national economy and productive sectors.
Submissions are due by May 15.
The Government of Brazil published SECEX Circular N. 29/2026 listing the trade remedies applied to Brazilian imports that will expire in 2026. The domestic industry interested in extending its corresponding measure must submit a petition requesting the initiation of the sunset review no later than four months prior to the expiration. If the reviews are initiated, interested parties will be able to actively participate in the proceedings.
The following imports are subject to trade defense measures for which sunset review petitions may still be filed, considering the minimum four-month advance: (i) PET films from India (petitions due April 30, 2026); (ii) butyl acrylate from South Africa and Chinese Taipei (petitions due May 24, 2026); (iii) metallic magnesium from China (petitions due May 24, 2026); and (iv) phthalic anhydride from Israel and Russia (petitions due August 22, 2026).
Initiation of Investigations and Reviews: The following are some of the main trade remedy investigations and reviews that have been initiated by SECEX:
Original dumping investigation into imports of graphite electrodes from China and India
After the termination of the antidumping duty then imposed to the imports of Chinese graphite electrodes, in 2019, domestic producer filed a new request for investigation of dumping against China and India. The alteration of the dynamic of the local production chain should play a major role in this investigation.
Original dumping investigation into imports of laminated flat glass from China
Investigation requested by an industry association. The lack of access to Chinese data and the fluctuating pattern of imports during the periods under analysis are issues that may play an important role in the assessment.
Original dumping investigation into imports of phenolic resins from China
Investigation requested by a domestic producer, supported by letters from other national producers. The economic and financial indicators of the domestic industry and other injury factors may play an important role in the analysis.
Clear float glass from China, Egypt, the United Arab Emirates, and Mexico
This is the second sunset review. The recent imposition of antidumping duties on imports of the same product from other origins (Malaysia, Pakistan, and Turkey), as well as the fact that the duty applicable to Mexico remains suspended, are likely to be relevant causal link considerations throughout the review.
Truck tires from China, South Korea, Japan, and Thailand
This review combines and will assess origins whose antidumping duties were imposed through two separate proceedings, with overlapping review periods. Evidence of continuation or recurrence of dumping and injury across different origins, together with the high export capacity of the investigated countries and the deterioration of domestic industry indicators, will be key elements of the review.
Adipic acid from Germany, China, the United States, France, and Italy
This is the second sunset review. While China will be assessed for the continuation of dumping and injury, the analysis of the other origins will consider the likelihood of recurrence of dumping and injury, including the probable absence of price undercutting.
Preliminary Determinations. SECEX issued two preliminary determinations in antidumping investigations.
Carbon steel sheets from Germany, Japan, and the Netherlands; PET resin from Malaysia and Vietnam; Decorative paper from China; and Acrylic acid from China
Preliminary positive determination without recommending the imposition of provisional duties, generally on the grounds that these are complex cases requiring the analysis of a large volume of information and the participation of multiple parties.
Agricultural tires from India
Negative preliminary determination with no recommendation to apply provisional duties, on the grounds that no causal link was found between the investigated dumping practice and the injury to the domestic industry.
Special Procedures. SECEX concluded the following non-preferential origin verifications:
Non-preferential origin verification for automotive loudspeakers from Vietnam
SECEX concluded the special procedure to investigate whether imports from a Vietnamese producer constituted strategy to evade the antidumping duties applied to imports from China. It found that 51.7% of the materials used in production were of Chinese origin; therefore, if the customs value is below USD 3.86/unit, the product will be deemed to originate from China.
Non-preferential origin verification for stainless steel cold-rolled products from Turkey
SECEX concluded the special procedure to investigate whether imports from a Turkish producer constituted a manner of evading the payment of antidumping duties applied to imports from China. It determined that the products were not of Turkish origin but rather of Chinese origin, as the hot-rolled coils used in production originated from China.
Conclusion of investigations and Other Reviews. The following definitive duties were imposed or altered by CAMEX:
Polyethylene resins from Canada and the United States
CAMEX imposed definitive antidumping duties at levels lower than those recommended in the dumping investigation due to public interest considerations (between US$ 238.49/t and US$ 199.04/t).
New bicycle tires from China, India, Thailand, and Chinese Taipei
The sunset review was terminated without a decision on the merits and without extension of the measure, as the analysis was compromised by unreliable data submitted by the domestic industry.
Cold-rolled flat products from China
CAMEX imposed definitive antidumping duties in amounts equal to those recommended in the dumping investigation (between USD 322.93/t and USD 670.02/t).
Flat-rolled steel products from China
CAMEX imposed definitive antidumping duties at levels lower than those recommended in the dumping investigation (between USD 284.98/t and USD 709.63/t).
Ethanolamines from China
CAMEX imposed definitive antidumping duties in amounts equal to those recommended in the dumping investigation (between USD 23.6/t and USD 97.3/t).
Public Interest: Termination and suspension of duties. CAMEX issued the following decisions based on public interest:
GNO steel from Germany, China, South Korea, and Chinese Taipei
CAMEX reduced the definitive antidumping duties applied to Brazilian imports on public interest grounds, considering the potential negative impacts on the domestic industry if the measure were fully applied, as the industry depends on this input to manufacture electrical equipment, given the lack of substitutes and the risk of increased costs and supply constraints.
Polyether polyol from China and the United States
CAMEX decided not to suspend or modify the definitive antidumping duties, considering the availability of alternative import sources.
Titanium dioxide pigments from China
Following petitions submitted by companies and industry associations representing downstream sectors, CAMEX decided to initiate a public interest review of the antidumping duties.