The complex relationship between sectoral regulation and competition defense: a study of the relationship of complementarity and regulatory conflicts between Cade, Bacen and Anatel in the Brazilian Economic System.

Abstract

Context: In Brazil, the conflict between competition and regulatory jurisdiction occurs due to the overlapping of competences between bodies such as the Administrative Council for Economic Defense (Cade) and sectoral regulatory agencies, such as Anatel and Bacen. While Cade is responsible for promoting competition and preventing anticompetitive practices, regulatory agencies have the role of regulating and supervising specific sectors of the economy. This duality can generate conflicts of jurisdiction and contradictory decisions, affecting the effectiveness of public policies and legal certainty in the market.

Objective: The objective of this article is to analyze the coordination and overlapping of competencies between the Administrative Council for Economic Defense (Cade) and sectoral regulators such as the Central Bank of Brazil (Bacen) as well as the National Telecommunications Agency (Anatel), investigating how this interaction occurs and the implications for the regulated sectors. It seeks to identify the main areas of jurisdictional overlap, assess the impacts of these divergences on regulation and competition, and propose solutions for better interinstitutional coordination, aiming to improve regulatory efficiency and legal certainty in the market.

Method: The methodology of this article adopts a qualitative approach, based on bibliographic sources, analysis of judicial and administrative decisions, and legislation relevant to regulation. The study examines the intersection of the regulatory competencies of Anatel, Bacen and Cade, using as a theoretical framework the contributions of Calixto Salomão on the theory of regulation and competition.

Conclusions: The coexistence of competition and regulatory jurisdiction in Brazil highlights the need for greater coordination and clarity in the attributions of the agencies involved, in addition to the strengthening of existing cooperation agreements. The lack of harmonization between Cade and regulatory agencies can result in conflicting decisions, compromising regulatory efficiency and market competitiveness. To overcome these challenges, it is crucial to promote inter-institutional integration and cooperation, aiming to ensure a more cohesive and efficient approach to economic regulation and competition defense.