The Federal Attorney’s Office’s opinion empowers the National Electric Energy Agency to impose stricter rules aimed at preventing anti-competitive practices between energy distributors and traders in the liberalized market.
The opening of the liberalized energy market to large consumers, which began in January 2024, has been marked by a fierce debate about ensuring fair competition. In this scenario, the Federal Attorney’s Office attached to the National Electric Energy Agency (Aneel) issued a crucial opinion, validating the agency’s authority to establish competitive safeguards. The focus is on corporate groups that operate in both energy distribution and trading, seeking to prevent potential abuses and undue favoritism.
The Federal Attorney’s Office’s stance comes amid reservations presented by the Administrative Council for Economic Defense (Cade), which expressed concerns about the proportionality of some more restrictive measures proposed by Aneel. However, the Federal Attorney’s Office argues that Aneel’s role is not to be confused with Cade’s, since the regulatory agency would be establishing rules for the proper functioning of a market in the process of liberalization, and not investigating violations of the economic order.
New Rules for a More Competitive Market
The measures under discussion, which now receive legal backing, aim to curb practices that could distort competition in the liberalized energy market. Among the main proposals are the prohibition of sharing human resources and infrastructure between distributors and traders belonging to the same corporate group. Furthermore, efforts are being made to prevent consumer confusion through restrictions on the use of brands and logos.
Other important points include preventing the sharing of information about consumer migration with traders linked to the distributor, as well as prohibiting offering differentiated treatment to these companies’ clients or making it difficult for them to switch to other suppliers. These guidelines are crucial to ensure that consumers’ free choice is effective and not influenced by pre-existing relationships.
Mechanisms for Dispute Resolution and Transparency
The Federal Attorney’s Office’s opinion also addressed the creation of a transitional channel for resolving conflicts between consumers and retail traders. The proposal, championed by Director Agnes da Costa, outlines a process that starts with the trader itself, moves to the Consumidor.gov.br platform, and, in specific cases, can reach Aneel or affiliated state agencies.
This initiative aims to offer a clearer and more accessible path for consumers who encounter difficulties in their relationship with their energy suppliers. The intention is to ensure that regulatory issues are properly addressed, guaranteeing consumer protection in the free market environment.
The Next Step: Aneel Board Deliberation
With the Federal Attorney’s Office’s approval, the process now proceeds to the Aneel board for analysis, with deliberation expected at the next meeting. The final decision on adopting the restrictions will rest with the Agency, which, if it maintains the measures questioned by Cade, will need to justify the necessity and proportionality of each one. This development is eagerly awaited by the electricity sector, as it will define the contours of competition in the liberalized market in the coming years.
