Antimonopolios

What we do

The Antitrust Division (División Antimonopolios or “DAM” in spanish) is an investigative division of the FNE that is in charge of enforcing the Decree Law No. 211 in relation to antitrust offenses, for which recommends to the National Economic Prosecutor courses of action with the determination of promoting and defending competition in markets.

The main conducts investigated by the DAM are the abuses of dominant position, contemplated in letter b) and c) of article 3 of DL 211.

In addition, the Antitrust Division is responsible for investigating predatory pricing, disloyal competition, interlocking, as well as others behaviors that could violate the first paragraph of Article 3 of DL 211, which include vertical restraints and cooperation agreements between competitors.

On the other hand, this Division develops audits to ensure rulings and decisions of the Tribunal de Defensa de la Libre Competencia (the Competition Court or “TDLC”), or the Courts of justice, are complied, in the matters referred to in DL 211.

Finally, the DAM can also act when there exists competition provisions in sectoral regulations, such as: Law No. 19.542, which modernizes the State Port Sector; Law No. 19.733, on Freedom of Opinion and Information in the Exercise of Journalism (Press Law); DFL No. 1.122 of 1981, Water Code; DFL No. 70 of 1988, Rates for Sanitary Services; DFL Nº 4, General Electric Services Law; DFL No. 323, Gas Services Law; Law No. 18.168, General Law of Telecommunications, among others.