Brazil's Digital Markets Bill: Lessons From the EU's DM

Lambrini Kolios
Director, Brazil-U.S. Business Council, U.S. Chamber of Commerce

Published

November 13, 2026

A year ago, the U.S. Chamber raised concerns about Brazil's proposed Digital Markets Bill. Fast forward to 2026, and now the stakes are even higher, with a vote in Brazil’s Lower House expected next week.

Europe’s Experience Raises New Questions

Brazil’s legislation is largely modeled on the European Union's Digital Markets Act (DMA). As Europe continues to grapple with implementation, real-world evidence is mounting that this regulatory model comes with significant consequences. In fact, foreign jurisdictions are increasingly turning away from the European approach and are considering alternative frameworks, often narrower and far less sweeping. This is because the DMA has proven both highly complex and difficult to implement, creating compliance burdens that raise privacy and security concerns. Innovation has suffered too, with delayed product rollouts, while the promised consumer benefits remain elusive.

For Brazilian lawmakers, the most telling evidence comes from the experience of European consumers themselves. A survey of 5,000 consumers across 20 E.U. countries found that a majority would restore pre-DMA services if given the choice, and many would pay a premium to do so. The survey also found that Europeans believe their online experience is worse today than it was before the DMA took effect. If consumers want their old services back, lawmakers should ask themselves a simple question: has the DMA even achieved its intended purpose?

What’s at Stake for Brazil

The implications for Brazil are significant because few countries are as digitally connected, globally, as Brazil. According to the Brazilian Institute of Geography and Statistics (IBGE), more than 90% of Brazilians use the internet. Digital platforms have become essential to economic participation, with 74.2% of internet users accessing banks and other financial institutions, 52.7% purchasing goods and services, and 41.1% interacting with public services through digital channels. Nearly all internet users (95.6%) go online every day, underscoring how deeply these services are embedded in Brazilians’ daily lives.

That is precisely why Brazil should proceed with caution. A bill that could reshape the digital services millions of Brazilians rely upon every day deserves rigorous scrutiny and careful debate. Yet despite the growing body of evidence emerging from Europe, Brazil's Digital Markets Bill is moving forward on an accelerated timeline. In March 2026, Brazil’s Lower House voted to place the bill on an urgency track, bypassing standard committee needed for informed technical debate. The bill has since become a legislative priority for the government before the current Congress concludes its term. While the bill has seen some revisions over the past year, its core approach remains unchanged: imposing special obligations on companies based on designation and market position rather than proven anticompetitive conduct.

Don’t Rush the Wrong Debate

Momentum behind the bill is also being driven by a broader digital policy debate, particularly around misinformation, platform accountability, and content moderation. While these are important issues, content moderation and competition policy address distinct problems, require different tools, and carry different implications for users and businesses. Lawmakers should not lose sight of the fact that legislation addressing content moderation is unrelated to Brazil's Digital Markets Bill. The desire to move quickly on one debate should not short-circuit careful consideration of the other.

As Brazil’s Congress resumes its work post-elections, lawmakers should proceed with caution rather than rush to a vote. Public hearings, broader debates, and committee reviews would help ensure a full assessment of the bill’s potential implications. The stakes extend far beyond technology companies: this consequential legislation would reshape the rules governing the digital services ecosystem at a time when millions of Brazilians rely on online platforms every day for commerce, communications, financial transactions, and access to information. Europe has already tested the DMA model, and consumers are questioning the results. A year later, the case against Brazil’s Digital Markets Bill has only grown stronger.