Claudio Lizana: Partner

Founding partner of Estudio Lizana. For more than 30 years, his practice has focused on competition matters, both in judicial matters (collusion cases, among others), litigating before the H. Tribunal de Defensa de la Libre Competencia (“TDLC”) and the Excma. Supreme Court, as well as providing advice in the control of concentration operations before the National Economic Prosecutor’s Office (“FNE”) and in investigations of such authority related to abuses of dominant position. He also has vast experience in corporate matters, which allows him to provide adequate advice in competition matters. Previously, he was a partner at Carey Law Firm for more than 20 years.

Email: clizana@estudiolizana.cl

Cell: +569 9237 1671

  • Mastercard International in the contentious proceedings brought by PayU Chile, Dlocal Chile, Paygol and PPRO against Mastercard, Transbank and Klap before the TDLC for alleged anticompetitive conduct in the payment card market.
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  • Mastercard International in the procedure for the issuance of general instructions initiated by the TDLC to regulate the conditions of competition in the card payment market in Chile.
  • Kantar Ibope Media Chile in the consultation procedure initiated by Exacta Digital Media Research SpA before the TDLC to determine whether the horizontal agreement consisting in the joint contracting of television content audience measurement services, as well as the request for proposals mechanism implemented for such purpose, may infringe free competition.
  • Mitsui O.S.K. Lines in the judicial proceeding before the TDLC regarding the claim for damages filed by a consumer association against MOL and other shipping companies for allegedly affecting the “collective and diffuse interest” of consumers, in the context of the collusion conviction imposed on such companies by the Court for the Defense of Free Competition, ratified by the Supreme Court in 2020.
  • Mastercard International in the consultation process before the TDLC initiated by Transbank related to the tariff system of the payment card acquiring market, in order to determine its compliance with the antitrust laws, after the TDLC prohibited an out-of-court settlement between the FNE and Transbank.
  • Brink’s Chile in its defense against an injunction filed by the FNE before the TDLC for alleged collusion in the securities transportation market.
  • Banco de Crédito e Inversiones (BCI) in the lawsuit filed before the TDLC by the cryptocurrency brokerage platforms Buda.com and CryptoMKT against Bci and nine other Chilean banks, for alleged abuse of collective dominant position as a result of the closure of their current accounts or refusal to open them.
  • Rigk Chile SpA in the request for a favorable report from the TDLC for the formation of “PROREP” (joint venture), the first collective system for the management of non-domestic waste only, created within the framework of Law 20.920, which establishes the Extended Producer Responsibility Regime.
  • Veolia Environnement S.A. in the merger control proceeding before the FNE in connection with the acquisition of control over Suez S.A., controller of Aguas Andinas, through a public offer.
  • State Grid International Development (SGID) in the merger control proceeding before the FNE in connection with the acquisition of control of Chilquinta Energía and Tecnored by SGID and the acquisition of control of Eletrans S.A., Eletrans II S.A. and Eletrans III S.A. by Chilquinta.
  • Natura Cosméticos (Brazil) and Avon Products in the mandatory merger control procedure before the FNE in relation to the acquisition of Avon by Natura Holding, a new parent company for the Natura group.
  • EssilorLuxottica in the compulsory merger control proceedings before the FNE concerning the international acquisition by EssilorLuxottica of the entire shareholding of HAL Optical Investments in the GrandVision optical group, thereby gaining control of the latter. The approval of the transaction required the implementation of the divestment of Rotter & Krauss by GrandVision.
  • Mitsui in the acquisition, and corresponding proceeding before the FNE, of 49% of the shares of Inversiones Tajamar in Inversiones Mitta, parent company of Autorentas del Pacífico, Leasing del Pacífico and Comercializadora Don Carlos, leading car leasing and operating leasing companies in Chile.
  • Tianqi Lithium Corporation in the acquisition of 24% of Sociedad Química y Minera de Chile (SQM) for US$4,066 million. Tianqi was awarded approximately 62.6 million Series A shares of SQM in an auction at the Santiago Stock Exchange, the largest transaction in the history of the Santiago Stock Exchange.
  • The Walt Disney Company in the mandatory merger control proceeding before the FNE, in connection with the global acquisition of Twenty-First Century Fox, including the film and television studios and the international television and cable businesses, which was subject to behavioral measures.
  • Fresenius Kabi Chile and Sanderson Laboratories in its legal defense against the injunction filed by the FNE for alleged collusion. The FNE accused Fresenius Kabi, Sanderson and Biosano Laboratories of colluding between 1999 and 2013 in several public tenders carried out by Cenabast, the institution in charge of centralizing the purchase of medical products for the public health system in Chile.
  • Mitsui O.S.K. Lines in its legal defense against the injunction filed by the FNE against several automobile transportation companies by sea for alleged collusion.
  • BASF, BMW, Henkel, Mercedes-Benz AG, Bosch, SAP, Schaeffler, Siemens, T-Systems, Volkswagen and ZF Group (collectively, the “Shareholders”) in the mandatory merger control proceedings before the FNE, in connection with the proposed association between the Shareholders to create a joint venture based in Germany, which will operate a platform for data exchange in the automotive industry based on the Gaia-X and Catena-X standards.
  • Banco Santander Chile in the mandatory merger control procedure before the FNE in relation to the creation, in association with Zurich Insurance Mobile Solutions, of an autonomous joint venture for the development and provision of digital insurance brokerage services.
  • Banco de Crédito e Inversiones (Bci) in the merger control proceeding before the FNE in connection with the acquisition of the companies that develop Walmart’s financial business by Bci and its subsidiary Bci Corredor de Bolsa Chile, together with the execution of a commercial agreement.
  • Scotiabank in the merger control proceeding before the FNE, regarding the acquisition of 100% of the shares of BBVA Inversiones Chile, parent company of Banco BBVA, and other subsidiaries active in the local banking and financial market, by Nova Scotia Inversiones.
  • Procter & Gamble (P&G) and Merck in the mandatory merger control proceeding before the FNE, in connection with P&G’s global acquisition of Merck’s consumer health business.
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  • Aela Energía in the mandatory merger control proceeding before the FNE, in connection with the acquisition of Aela Energía Chile by Innergex.
  • Celeo Redes and APG Group in the compulsory merger control procedure before the
    FNE
    in connection with the acquisition of control of Colbún Transmisión by Alfa Desarrollo, an investment company indirectly owned by APG and Celeo.
  • Algonquin Power Utilities in the mandatory merger control proceeding before the FNE in connection with the acquisition of a stake in Empresa de Servicios Sanitarios de Los Lagos (ESSAL) by Toesca Infraestructura II Fondo de Inversión.
  • IBM in the mandatory merger control proceeding before the FNE, in connection with the worldwide transaction relating to the acquisition of all the shares of Red Hat, a company active in the market of information technology software for enterprise clients
    by IBM
    .
  • Recognized in Competition Law, Chambers Latin America.
  • Featured in Free Competition, The Legal 500.
  • Recognized in Antitrust, Corporate and Mergers & Acquisitions, Latin Lawyer 250.
  • Featured as
    Thought Leader
    in Free Competition, LACCA.
  • Recognized in Antitrust, Corporate, Mergers and Acquisitions and Investments, Best Lawyers.
  • Featured in Merger Control, Leaders League.
  • Recognized in Free Competition, Top Ranked Legal.
  • Co-author of the following chapters
    Merger Control in Chile: Overview
    y
    Restraints of Trade and Dominance in Chile: Overview
    Practical Law (2022).
  • Co-author of the Chilean chapter on
    Cartels & Leniency
    ICLG (2020).
  • Co-author of the Chilean chapter on Free Competition in Latin America, IBRAC (2016).
  • Co-author of the Chilean chapter on
    Merger

    Control
    Getting The Deal Through (2012-2016).
  • Co-author of the book “
    Dumping
    and Unfair International Competition” (1995).
  • Frequent panelist in legal seminars, meetings and conferences in Chile and abroad.
  • Law, School of Law, Universidad de Chile.
  • LL.M., Harvard University (1993).
  • Course
    “Politics of Global Finance”, London School of Economics and Political Science (1993).
    London School of Economics and Political Science (1993).
  • Chile (1990).
  • Spanish.
  • English.