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FNE extends to a phase 2 review the acquisition of certain supermarkets by Walmart in Chile

21 / 10 / 2021

The Chilean Antitrust Agency (Fiscalía Nacional Económica or FNE) decided to extend into Phase II the investigation of the operation through which Walmart’s Chilean subsidiary seeks to acquire, through long-term leases, three stores, in three areas located in the central region of Chile (Macul, Pirque and Independencia). Such stores were operated until recently by a former local supermarket chain (Supermercados Montserrat S.A.).  Due to the FNE’s assessment, the concentration raised competition concerns that might substantially lessen competition in the mentioned areas.

The investigation began on September 7, 2021 and after the preliminary scrutiny in Phase 1, it was concluded that the transaction would raise unilateral risks due to eventual price increases or risks due to the possible increase in bargaining power with wholesale suppliers.

At this stage, the FNE evaluated the structural conditions of the market, and also assessed to the closeness of competition between the supermarkets of the parties involved.

Any third party that may have an interest in the operation, including suppliers, competitors, clients or consumers, may provide information on the investigation within 20 business days following the publication on this website of the resolution extending the investigation, which will take place in the next few days once the confidentiality issues have been resolved.