Chile (1973): Difference between revisions
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| Abusive Acts | | Abusive Acts | ||
| 1 | | 1 | ||
| Article | | Article 2 lists abuses of a dominant market position | ||
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| Efficiency Defense | | 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) | ||
|- class="categorydivision" | |- class="categorydivision" | ||
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| Market Division | | Market Division | ||
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| | | Article 2 prohibits “allocating territories” or “exclusive distribution” | ||
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| Eliminating Competitors | | Eliminating Competitors | ||
| | | 1 | ||
| | | Article 2 prohibits “any other measure tending to eliminate, restrict or hindering free-competition” | ||
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Revision as of 15:54, 7 July 2007
Score = 10
Governed by: Decree Law 211 “The Antitrust Law” of 1973.[1]
| Category | Subcategory | Score | Comment |
|---|---|---|---|
| Scope | Extraterritoriality | 0 | |
| Remedies | Fines | 1 | The Act imposes severe fines for certain violations. |
| Prison Sentences | 1 | Until 2004 the Act allowed for imprisonment for certain offenses. | |
| 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 | 1 | Article 2 prohibits “any other measure tending to eliminate, restrict or hindering free-competition” | |
| Collusive Tendering/Bid-Rigging | 0 | ||
| Supply Refusal | 0 | ||
| Efficiency Defense | 0 |
References
- ↑ Full text of the Act was not available so information is taken from 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.