Publications

The National Economic Prosecutor’s Office (FNE) recommended to the Court for the Defense of Free Competition (TDLC) to implement safeguards to avoid distortions in the bidding and operation of port terminals in Valparaíso. It highlighted the need for structural and behavioral measures to prevent concentration risks and ensure competition.The recommendation warns about the risks associated […]

In the casino collusion case: TDLC revokes judicial authorization required by Enjoy for the change of control of Casino Rinconada.

A reflection on the Executive Order of February 21, 2025 and possible implications for the Chilean case.
On February 21, 2025, the U.S. government issued the executive order “Defending American Companies and Innovators From Overseas Extortion and Unfair Fines and Penalties”, with the purpose of protecting U.S. companies, including their foreign subsidiaries, from sanctions and fines that are deemed unfair, disproportionate or extortionate in nature by foreign governments.

The FNE recently published its statistics regarding its work in the field of merger control during 2024. Regarding the number of notified operations, the figures remain more or less the same as the previous year (32 in 2024 versus 35 in 2023). There is also other interesting information: in 2024, the FNE did not prohibit any merger operation, and only one investigation was extended to phase 2. Only two operations were approved with conditions.

The recent judgment handed down by the Supreme Court in case Rol N° 251.306-2023, related to the collusive agreement in the framework of the tenders called by CONAF – reported in the media as “The Fire Cartel” – marks a relevant milestone in the discussion on the statute of limitations criteria applicable to anticompetitive conducts in Chile.

It is essential for economic agents planning mergers in Chile to be clear about the mandatory notification thresholds established by the authority, since knowing them and applying them correctly ensures regulatory compliance and prevents possible contingencies.

Finally, the Tribunal de Defensa de la Libre Competencia (TDLC) granted Enjoy S.A.’s request to modify the precautionary measure filed by the Fiscalía Nacional Económica (FNE), authorizing Enjoy S.A. and/or its subsidiaries to enter into all those acts, contracts and agreements regarding the shares, rights and prerogatives they have over the Casino Rinconada, necessary to materialize the concentration transaction between Enjoy and Inversiones Avla Seguros S.A., WEG Capital SpA and Banco BTG Pactual S.A. – Cayman Branch.

The FNE resolved, on January 7, 2025, to close the investigation Rol N°2538-19 FNE, related to possible anticompetitive conducts of those indicated by article 3 paragraphs 1 and 2 letter a) of DL 211, in the fuel commercialization market in the municipalities of Quilpué and Villa Alemana, initiated on June 16, 2020 from the complaint of a private individual. Likewise, the FNE decided to order a new investigation to analyze in detail the effects on competition produced by the transparency of the information generated by the regulation through the publication of prices on the “Bencina en Línea” platform.

Chilterra filed a lawsuit against Prolesur (a subsidiary of Soprole) before the Tribunal de Defensa de la Libre Competencia for abusive pricing in determining the “base price” for the purchase of fresh milk, arguing that this price would have no economic justification and would therefore be arbitrary.