Chile (2005)

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This page is currently under construction (merger regulations have yet to be coded).

Score = 13

Governed by:

  • Law 211 of 1973, as amended in 2005 (“the Antitrust Law”). [1]
  • Guia Interna Para Analisis de Operaciones de Concentracion Horizontales ("Merger Guidelines").[2]
Category Subcategory Score Comment
Scope Extraterritoriality 0
Remedies Fines 1 Article 26(c) provides for fines of up to 20,000 Annual Tax Units for corporations and their directors, managers, and responsible employees.
Prison Sentences 0
Divestitures 1 Article 26 permits the Free Competition Defense Court to order the dissolution of companies and partnerships violating the act.
Private Enforcement 3rd Party Initiation 1 Articles 18 and 20 allow private parties to initiate investigations and actions in the Free Competition Defense Court.
Remedies Available to 3rd Parties 1 Article 30 states that a judgment in the Free Competition Defense Court primes a civil suit.
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 3(b) bans a dominant enterprise from establishing quotas.
Abusive Acts 1 Article 3b prohibits abusing a dominant position.
Price Setting 1 Articles 3b(high prices) and 3c(predatory pricing) prohibit price setting.
Discriminatory Pricing 0
Resale Price Maintenance 1 Article 3b bans setting buying or selling prices.
Obstacles to Entry 1 Article 3c bans predatory pricing or other tactics to gain, keep, or increase dominance.
Efficiency Defense 0
Restrictive Trade Practices Price Fixing 1 Article 3(a) prohibits price fixing.
Tying 1 Article 3(b) prohibits tying arrangements.
Market Division 1 Article 3(a) prohibits market division
Output Restraint 1 Article 3(b) prohibits output restraint.
Market Sharing 0
Eliminating Competitors 0
Collusive Tendering/Bid-Rigging 0
Supply Refusal 0
Efficiency Defense 0

References

  1. Statute available from the Chilean National Economic Prosecutor, at http://www.fne.cl/?content=marco_juridico
  2. Guidelines available from the National Economic Prosecutor, at http://translate.google.com/translate?u=http%3A%2F%2Fwww.fne.cl%2F&hl=en&ie=UTF8&sl=es&tl=en (Google translation of download page - the guidelines themselves are only available in Spanish.)