As artificial intelligence becomes a central topic in antitrust regulation, global regulators are quickly adapting their frameworks—and not just in the US and EU. One surprising takeaway from the ABA Antitrust Spring Meeting in Washington, DC, was the emergence of Brazil as a serious player in AI enforcement.
While the US and EU remain key players, the Brazilian Competition Authority (CADE) is taking a proactive stance, especially around enforcement mechanisms and provisions for private litigation. Brazilian regulators joined panels alongside representatives from the US Department of Justice (DOJ) and the European Commission, illustrating that Brazil’s voice is gaining weight on the international antitrust stage.
Why AI is Now a Global Antitrust Concern
The convergence of AI and BigTech has raised flags in areas like:
- Rental price-fixing via algorithms
- Cross-border cartel investigations
- Shadow banning and algorithmic consumer manipulation
Key Takeaways:
- Brazil’s CADE is gaining prominence in the AI regulatory space, particularly for allowing private parties to bring antitrust claims.
- The US approach remains focused on existing antitrust frameworks, with the DOJ and FTC investigating AI’s impact on competition and consumer harm.
- The EU remains proactive, integrating AI oversight within broader legislation like the Digital Markets Act (DMA), even if AI is not explicitly named.
A Practical Example:
Imagine a global tech platform launching an AI-driven product across North America, Europe, and Latin America. The company may need to comply with the EU AI Act’s horizontal obligations, defend against cartel allegations under Brazilian enforcement, and respond to DOJ scrutiny in the US—each with distinct rules and enforcement philosophies.
Why it Matters:
If your organization operates across borders, navigating the contrasting approaches of Brazil, the EU, and the US will be vital. A one-size-fits-all legal strategy no longer works. Instead, antitrust compliance teams should prepare for a world of regional nuance and enforcement diversity.
