Banca de DEFESA: BERTRAND WANDERER

Uma banca de DEFESA de DOUTORADO foi cadastrada pelo programa.
STUDENT : BERTRAND WANDERER
DATE: 28/04/2026
TIME: 19:00
LOCAL: SALA A1-04 - FACULDADE DE DIREITO - UnB
TITLE:

Digital platforms as gatekeepers and the containment of abuses in inter-firm relations: Legal solutions already existing in the Brazilian legal system

KEY WORDS:

Plataformas Digitais, Gatekeepers, Poder econômico, Dever de lealdade, Não discriminação injustificada, Devido processo digital, Regulação ex ante, Direito Concorrencial

PAGES: 220
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The rise of digital platforms as central intermediaries in contemporary markets has profoundly reshaped economic structures, intensifying concentration and granting certain private actors the role of true gatekeepers. By controlling access to essential markets while simultaneously acting as both infrastructure providers and competitors, these platforms exercise a diffuse form of economic power characterized by structural conflicts of interest, self-preferencing practices, asymmetric data exploitation, and opaque unilateral decision-making processes that affect business users and competitive dynamics. In light of the limitations of traditional, predominantly ex post regulatory tools, international debates have increasingly turned toward preventive regulatory approaches, as exemplified by the European Union’s Digital Markets Act (DMA). Within this framework, this research examines which legal duties, particularly duties of loyalty, unjustified non-discrimination (or due/fair treatment), transparency, and guarantees of digital due process, should bind digital platforms in the exercise of their gatekeeping power. The study is based on the hypothesis that the Brazilian legal system already provides sufficient normative grounds for the imposition of these duties, albeit in a dispersed manner, without prejudice to future legislative initiatives. Adopting a qualitative, theoretical-applied, and comparative methodology, combining bibliographic and documentary analysis with the examination of relevant domestic and foreign cases, the research seeks to identify and systematize the legal limits applicable to digital platforms in Brazil. Ultimately, the study proposes interpretative and regulatory guidelines aimed at balancing platform power, safeguarding competition, and protecting the rights of business users, while preserving the innovative dynamics inherent to digital markets.

COMMITTEE MEMBERS:
Presidente - 1509022 - ANA DE OLIVEIRA FRAZAO VIEIRA DE MELLO
Interno - 1206283 - ALEXANDRE KEHRIG VERONESE AGUIAR
Interna - 1828282 - AMANDA ATHAYDE LINHARES MARTINS RIVERA
Externa à Instituição - CAITLIN SAMPAIO MULHOLLAND - PUC - RJ
Externo à Instituição - VICTOR OLIVEIRA FERNANDES - IDP