Chile (1973)

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Score = 13

Governed by: Decree Law 211 “The Antitrust Law” of 1973.[1]

Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 Article17 enables Resolutory Commission to impose fines for certain violations.
Prison Sentences 1 Until 2004 the Act allowed for imprisonment for certain offenses.[2]
Divestitures 1 Article 17 permits dissolution of businesses by the Resolutory Commission
Private Enforcement 3rd Party Initiation 1 Article 29 allows private party to initiate an investigation by Prosecutor’s Office.
Remedies Available to 3rd Parties 0
3rd Party Rights in Proceedings 0
Merger Notification Voluntary 0
Mandatory 0
Pre-merger 0
Post-merger 0
Merger Assessment Dominance 0
Restriction of Competition 0
Public Interest (Pro D) 0
Public Interest (Pro Authority) 0
Other 0
Efficiency 0
Dominance Limits Access 1 Article 2 prohibits quotas.
Abusive Acts 1 Article 2 lists abuses of a dominant market position
Price Setting 1 Article 3 prohibits price setting.
Discriminatory Pricing 0
Resale Price Maintenance 1 Article 3 prohibits RPM.
Obstacles to Entry 0
Efficiency Defense 1 Article 4 permits monopolies if in “national interest” or if “necessary for the stability or development of national investments”; Upon favorable report by Resolutory Commission (Article 5)
Restrictive Trade Practices Price Fixing 1 Article 3 prohibits price fixing.
Tying 1 Article 3 prohibits tying arrangements.
Market Division 1 Article 2 prohibits “allocating territories” or “exclusive distribution”
Output Restraint 1 Article 3 prohibits output restraint.
Market Sharing 1 Article 3 prohibits market sharing.
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 0

References

  1. http://www.unctad.org/sections/ditc_ccpb/docs/ditc_ccpb_ncl_chile_en.pdf
  2. Organization of Economic Cooperation and Development, Competition Law and Policy in Chile, http://www.oecd.org/dataoecd/51/53/24955980.pdf and Global Competition Review website, http://globalcompetitionreview.com/ara/chile.cfm.