The Competition Agency (FNE) recently gave a clear sign to the market by blocking a concentration transaction for the first time since the new merger control system entered into force. The FNE dismissed the efficiencies and mitigation measures raised by the parties, as the risks to competition were too great according to its guidelines.
The latest reform of the Competition Statute introduces a preventive control procedure for merger operations that have effects in Chile. As of June 1 2017 the national economic prosecutor will undertake a control procedure for merger operations before they begin. The amendment aims to provide legal certainty and reduce the length of merger control procedures.
The National Economic Prosecutor's new Guidelines on Leniency in Cartel Cases recently entered into force. The guidelines aim to strengthen leniency in cartel cases, allow more cases of collusion to be uncovered, enable the collection of evidence that assists in proving collusive conduct and identifying the parties involved, and provide certainty to individuals or companies engaged in collusive conduct that wish to obtain leniency benefits.
Changes were recently introduced to Chile's antitrust regulation, including a mandatory M&A review by the National Economic Prosecutor's Office, a ban on interlocking directorates and mandatory notification of cross-ownership between rival firms. These changes will have a significant impact on firms in the short term. The new administrative duties that the act imposes are preventive in character and align Chile's antitrust regulations with international practice.
Two controversial cases that have been decided by the Antitrust Commission create new boundaries for the scope of enforceability of trademark rights. In the first case the commission permits parallel imports. In the second case the commission dismisses a registered trademark because of non-use by its owner.
According to the new Tender Offer Law, the prior approval of the Superintendency of Banks is required for mergers and acquisitions of banks and the purchase of all or a substantial part of their assets.
Including: Background; Restrictions; Refusal to Deal; Regulation; Intellectual Property and Antitrust Laws
This update discusses the main features of the recent public bidding for frequencies of the local wireless telephone service. Amendments were made to certain conditions of the bidding process that were unfair to new entrants. The National Telecommunications Agency has appealed against the changes and is awaiting the Supreme Court's judgment.
The Antitrust Commission has issued a landmark decision concerning trade dress. Even though there is no intellectual property right in the lay out of a product, imitating that lay out may constitute unfair competition.