Find Lawyers in Santiago, Chile for Competition / Antitrust Law
Practice Area Overview
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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José Manuel has a vast experience and recognition in the Chilean legal market. He has acted as counsel for multiple companies in antitrust matters, litigation and arbitration in the most diverse markets, including the dairy industry, salmon, energy, mining, construction and infrastructure, telecommunications, retail, consumer, medical supplies, supermarkets, cement and steel, among others. He has also represented public companies and industry bodies in litigation matters. His activity ...
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...
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. Education Law, Universidad de Chile (Summa Cum Laude). Degree in Administrative Law, Universidad Católica de Chile (2013). LL.M., University of Chicago (2016 Activities and Memberships Foreign Associate, Freshfields Bruckhaus Deringer, Antitrust and Competition Group, Brussels (2016-2017). Professor of Damages ...
Partner of Carey and co-head of the firm’s Antitrust and Regulated Markets Group. Her practice focuses on antitrust, regulation and litigation. Education Law, Universidad de Chile (Summa Cum Laude). Degree in Regulation and Competition, Business School, Universidad de Chile (2009). Degree in Public Law, Law School, Universidad Católica de Valparaíso (2014). Activities and Memberships Director of Red Pro Competencia (Pro Competition Network). Director of the Center for Anti...
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