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Ministry of Finance defines rules to be reviewed under PARC scope
April 25th, 2025
Earlier this year, the Secretariat for Economic Reforms (“SRE”) of the Ministry of Finance launched the Regulatory and Competition Assessment Procedure (“PARC”).
PARC’s goal comprises identifying potentially anticompetitive regulatory practices and, if necessary, suggesting a review of these rules.
In order to indicate the rules with potential anticompetitive effects, SRE launched Public Call SRE/MF No. 01/2025. More than 80 applications were received, with most of the contributions coming from trade associations, as well as third sector entities, economic agents, individuals, and academics. The main markets related to the rules mentioned were the energy sector (37.5%) and the health sector (18.5%).
The SRE chose six regulations and three federal laws to be reviewed:
| Regulations | ||
| Sector | Regulation-issuing entity | Regulation |
| Finance | Central Bank of Brazil (“BCB”) | BCB’s Regulation No. 304/2023 |
| Oil & Gas (LPG) | National Agency of Petroleum (“ANP”) | ANP’s Regulation No. 957/2023 |
| Pharmaceutical | Brazilian Health Regulatory Agency (“ANVISA”) | ANVISA’s Regulation No. 954/2024 |
| Drug Market Regulation Chamber (“CMED”) | CMED’s Regulation No. 2/2004 | |
| Ports | National Agency for Waterway Transportation (“ANTAQ”) | ANTAQ´s Regulation No. 109/2023 |
| ANTAQ’s Regulation No. 112/2024 | ||
| Federal laws | ||
| Responsible body for issuing the law | Law | Object |
| Brazilian Congress | Law No. 8,212/1991 |
Provides for the organization of social security, establishes a funding plan, among other provisions.
|
| Law No. 8,213/1991 |
Provides for the social security benefit plans, among other provisions.
|
|
| Law No. 10,820/2003 |
Provides for the authorization for payroll deduction of installments, among other provisions.
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Once the norms have been defined, the fact-finding phase will begin, in which the SRE will notify the entities in charge of issuing the normative acts and gather the necessary information for the analysis.
Demarest’s Competition team will continue to monitor the PARC closely and is available to provide additional clarifications.
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