Banca de DEFESA: MÔNICA TIEMY FUJIMOTO

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : MÔNICA TIEMY FUJIMOTO
DATE: 15/12/2025
TIME: 09:30
LOCAL: sala do Núcleo de Direito Setorial e Regulatório-NDSR
TITLE:

BIG TECHS AND ANTITRUST REGULATION: Paths to a new model for promoting competition in Brazil

KEY WORDS:

Antitrust regulation. Ex ante regulation. Digital ecosystems. Digital platforms. Multidimensional economic power. Asymmetric regulation. Co-regulation.

PAGES: 259
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This paper investigates which antitrust regulatory strategies can be implemented to control the market power of large digital platforms in Brazil. The analysis starts from the observation that the national debate on the topic has developed based on foreign experiences — especially the European model of the Digital Markets Act (DMA) — without an in-depth assessment of its suitability to Brazilian legal, economic, and institutional specificities. The aim is to understand the conceptual and structural bases of these experiences and propose paths for a national regulatory model adapted to the local context. To this end, the functioning of digital ecosystems, the limitations of traditional antitrust approaches, and international regulatory experiences, with an emphasis on the European model, are examined. The characteristics of the Brazilian context are also analyzed, considering the role of the Administrative Council for Economic Defense (Cade), sectoral experiences with data portability and interoperability—notably in the telecommunications and financial sectors—and pending legislative proposals dealing with the regulation of digital platforms, both centralized and decentralized models. Thus, initially, analytical categories are presented to understand the different dimensions of the economic power of digital platforms—informational, media, political, and structural—which show how this power goes beyond the competitive dimension and impacts consumer autonomy, the formation of public opinion, and the democratic structure itself. Next, categories aimed at designing regulatory solutions are formulated: (a) regulatory asymmetry; (b) incorporation of new values into antitrust analysis; (c) definition of the regulatory design — “principle based” or “rules-based”; and (d) flexibility and use of new regulatory tools. Based on these two dimensions, the research identifies legal and institutional conditions that may enable the adoption of regulatory strategies aimed at controlling the market power of large digital platforms in Brazil.

COMMITTEE MEMBERS:
Externa à Instituição - CAITLIN SAMPAIO MULHOLLAND - PUC - RJ
Externo à Instituição - JOAO PAULO BACHUR - IDP
Interno - 2292593 - MARCIO NUNES IORIO ARANHA OLIVEIRA
Presidente - 1884024 - PAULO BURNIER DA SILVEIRA
Externo à Instituição - VICTOR OLIVEIRA FERNANDES - IDP