FNE presents studies on minority interests and interlocking | 12 / 11 / 2013
The FNE launched a Market Study on Minority Shareholdings and Interlocking Directorates, elaborated by its Mergers and Studies Division
After an analysis of the literature on the anticompetitive risks associated to structural links among competitors, including a comment on foreign legislation and judicial decisions, the study underscores some national cases, recognizing the need for antitrust authorities to review these type of structures directly, especially considering their coordinated effects.
FNE launched the first draft of its Guidelines on Vertical Restraints | 06 / 11 / 2013
On the 5th of November and during the 11th version of its annual conference, The Competition Day, the FNE launched the first draft of its Guidelines on Vertical Restraints.
The aim of these Guidelines is to list the most common vertical practices, their anticompetitive risks and their related efficiencies as well as outline the mode of investigation and the main elements the FNE will be looking at when assessing whether a practice constitutes an infringement to Competition Law.
Hon. Supreme Court of Chile affirmed the judgment of the TDLC, which had accepted a complaint of the FNE against Whirlpool SA and Tecumseh Do Brasil Ltda. | 25 / 09 / 2013
On September 24, 2013, in a unanimous decision, the Third Chamber of the Hon. Supreme Court of Chile affirmed the judgment of H. Tribunal for the Defense of Free Competition (TDLC), which had accepted a complaint of the FNE against Whirlpool SA and Tecumseh Do Brasil Ltda. In the proceedings before the TDLC, it was established that the defendants had taken part in a cartel designed to artificially increase the price of low power hermetic compressors (essential inputs for the manufacture of refrigerators) sold in the Chilean market between 2004 and 2008.
FNE publishes study on existing information asymmetries in the market for prescription drugs | 09 / 09 / 2013
As part of its duty to promote competition, the National Economic Prosecutor (FNE) has published a study analyzing certain flaws in the prescription drug market. The multiple distortions in the sector, such as information asymmetries between patients and physicians, as well as between consumers and pharmacy personnel, promote behavior that allows laboratories, through incentives and promotional activities, to alter the patterns of prescribing and dispensing these mediations.
Lima Declaration | 06 / 09 / 2013
The Public Agencies or Services for the Defense of Competition (Agencies) of Chile (National Economic Prosecutor’s Office), Colombia (Superintendency of Industry and Commerce) and Peru (National Institute for the Defense of Competition and Intellectual Property-INDECOPI);
Constitutional Tribunal authorizes FNE to obtain testimony from the general managers of Ariztía, Agrosuper and Don Pollo, and the President of the APA, in the poultry producers cartel case | 22 / 08 / 2013
On August 20, 2013, the Hon. Constitutional Tribunal (TC) unanimously rejected a constitutional challenge filed by Empresas Ariztía SA last year on December 13, in which the company sought to prevent its general manager from having to testify in the trial underway before the Hon. Tribunal for the Defense of Free Competition (Competition Tribunal or TDLC)—in a juridical procedure referred to as a “confession at trial.” In the civil (not penal) proceedings before the TDLC, the National Economic Prosecutor (FNE) accuses Ariztía, AgroSuper, Don Pollo and their trade association (APA) of colluding to determine the production of poultry meat and assign quotas in the national market.