Chile (2005)
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Score = 13
Governed by:
- Decree 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 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
- ↑ Statute available from the Chilean National Economic Prosecutor, at http://www.fne.cl/?content=marco_juridico
- ↑ 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)