Brazil’s National Agency of Electric Energy (ANEEL) has published in the beginning of 2024 a technical document manifesting its concerns with the increase of complaints involving anticompetitive behavior in two specific activities within the Brazilian electricity markets (ANEEL, 2024). One of these activities is the transition of consumers from the so called “regulated market” (ACR), to the so called “free market” (ACL). The other one concerns consumer’s requests to connect distributed generation projects to the distribution network.According to this technical document, ANEEL’s Director-President has issued a memorandum (ANEEL, 2023) requesting the creation of a new division within the Superintendence of Economic, Financial and Market Surveillance (SFN) with the sole purpose of developing the means and procedures to be observed by ANEEL in the administrative prosecution of anticompetitive behavior. This new division would also be responsible for coordinating cooperation institutional relations with other authorities, within the Brazilian Federal Government, with jurisdiction and expertise to tackle anticompetitive behavior in other markets. This paper focuses on assessing the main institutional challenges of legal and economic nature that ANEEL might encounter, while developing its institution means and processes to engage in tackling anticompetitive behavior complaints filed by different types of economic agents.
