Find Lawyers in Chile for Competition / Antitrust Law
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Competition / Antitrust Law - ChileAbout this Practice Area
Francisco-Javier González-Hoch Born in Chile, 1967 Attorney University of Chile, 1995, summa cum laude LL.M. Harvard Law School 1996 Honorary Scholarship President of the Republic 1995-96 Visiting Scholar, Harvard Law School 1996-97 Fulbright Scholarship 2000 Visiting Scholar, Yale Law School 2000 Visiting Scholar, Max Planck Institut für Ausländisches und Internationales Privatrecht 2010 Professor of Contract and Property Law, University of Chile 1997 - 2020 Head of Arbitrat...
Experience Partner of Carey and co-head of the firm’s Antitrust and Regulated Markets Group. His main practice areas include antitrust, regulation, administrative law and litigation. Activities and Memberships Foreign Associate, Freshfields Bruckhaus Deringer, Antitrust and Competition Group, Brussels (2016-2017). Professor of Damages Claims in Antitrust, at the program “Tort and Contractual Liability”, Universidad de Chile (since 2018). Teaching Assistant of Administrative ...
Experience Partner of Carey and co-head of the firm’s Antitrust and Regulated Markets Group. Her practice focuses on antitrust, regulation and litigation. Activities and Memberships Director of Red Pro Competencia (Pro Competition Network). Member of the Board of the Expert Female Lawyers Commission, Colegio de Abogados de Chile (Chilean Bar Association). Director of the Center for Antitrust Studies, Universidad Católica de Chile (since 2019). Founder and mentor of the mentorship...
Competition / Antitrust Law Definition
The Chilean Antitrust Legislation, essentially, is geared towards improving consumer welfare by increasing market efficiencies through healthy, sustainable competition. At the centrepiece is the DL Nº211, which establishes the institutional framework of market supervision. On the one hand, the National Economic Prosecutor’s Office (FNE) oversees investigation proceedings, normative recommendations and M&A review, whereas the special Tribunal for Defence of Competition (TDLC) handles trials and adjudication.
In line with other jurisdictions, antitrust in Chile is a highly specialized field, where both lawyers and economists play a huge role in the analysis of market conduct. As an example, the TDLC is chaired by members of both professions, which allow for a more nuanced and delicate approach.
A major reform of the antitrust legislation was enacted in 2016 which introduced, among other changes, the following:
1. Increased faculties and functions of the FNE;
2. Increases in fines, and the introduction of criminal sanctions for cartel members;
3. A mandatory notification procedure for M&A above certain thresholds;
4. New rules forbidding Interlocking Directorates; and,
5. Claims for damages shall be handled by the TDLC.
The focus of antitrust attorneys should regard these substantive matters:
Horizontal Agreements: Cartels are banned per se, criminalized, and have an obligation to grant damages from their behaviour. Other forms of horizontal cooperation require the guidance of attorneys handle proceedings before the FNE.
Mergers and Acquisitions: With the new mandatory M&A review, firms are required to notify and comply with any recommendations sought out by the FNE. Parties may submit a petition for review in case their operation is rejected by the regulator.
Abuse of Dominance: Most cases handled by the TDLC involve accusations of unilateral practices, which are increasing in both scope and complexity.
Besides litigation and administrative proceedings before the competition authorities, lawyers also play a very important role assessing the business practices and strategies of their clients, which usually revolve around pricing policy, advertisement, distribution agreements, regulatory compliance, vertical practices and horizontal cooperation between competitors.
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