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FNE initiates public consultation to update its “Competition Law Compliance Programs” Guidelines

27 / 09 / 2022

From today until October 28, the National Economic Prosecutor’s Office (FNE) will make available a public consultation process for the update of its “Competition Law Compliance Programs” Guidelines of which was published in 2012 and is currently in force.

With this process, led by the Compliance Enforcement Division, the FNE aims to adapt the regulatory compliance parameters of the document, incorporating the national and international jurisprudential and academic developments in the matter during the last decade.

The update of the Guidelines intends to incorporate new existing tools that may be useful to ensure regulatory compliance, but does not revisit whether a compliance program may eventually serve as basis to exempt from liability from misconduct or to determine ex ante the specific amount of the reduction of the fine that the FNE would require in court.

“The value of compliance programs is not related to the amount of the applicable fine in case of violation of the law, but lies in the prevention of illegal conduct and in the fact that regulatory compliance and ethical and legal action are one of the main business tools to attract more and better collaborators, suppliers and clients”, said the National Economic Prosecutor, Ricardo Riesco.

Those interested can send their comments to consultacompliance@fne.gob.cl.

 

See “Competition Law Compliance Programs” Guidelines 

See “Public Consultation Update of the “Competition Law Compliance Programs” Guidelines”