Abuse of Regulatory Power and Public Consultations of the Intensive Front for Regulatory and Competition Assessment (FIARC) in Brazil

Abstract

Objective: To analyze the extent to which public consultations on abuse of regulatory power related to the FIARC have contributed to the promotion of competition advocacy through the inspection of anti-competitive conducts provided for in Art. 4 of Law No. 13.874/2019. 

Method: Contributions from national and international doctrine, as well as national legislation, were used to analyze the three cases disclosed by FIARC until December 1st, 2023. 

Conclusion: It was identified that public consultations are extremely positive, as they establish independent and external channels facilitating the discussion and improvement of the regulation of economic activities. However, the effective implementation of solutions proposed by FIARC encounters challenges inherent in the Brazilian competition defense system, encompassing the necessity for robust enforcement measures and a transformation in regulatory culture.

Keywords: abuse of regulatory power, public consultations, economic freedom law, law & economics, regulatory agencies, regulation, Brazil