Chile (1973)
Jump to navigation
Jump to search
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
- ↑ http://www.unctad.org/sections/ditc_ccpb/docs/ditc_ccpb_ncl_chile_en.pdf
- ↑ 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.