Noticias

An updated version of the Horizontal Merger Guidelines, drafted by the Chilean National Economic Prosecutor’s Office (FNE), was launched today. This document replaces the 2012 version of the guidelines.

These Guidelines include the modifications introduced by Law N°20.945 of 2016, which established a mandatory merger control regime in Chile. It also addresses the experience gained by the FNE over the last years, the most recent developments in economic theory applicable to merger control, and the case law introduced by the Chilean Competition Tribunal and the Supreme Court.

This new document also includes references to the transactions investigated by the FNE and the courts decisions over the last years, linking the Guidelines with the most important cases.

Additionally, the document includes a chapter regarding digital markets and platforms; an area that has experienced an increasing number of merger filings in the recent years. The Guidelines introduce the applicable criteria to merger control in those markets.

A first draft of these Guidelines was published last year and it was launched to public consultation. The FNE received many comments and observations from private sector, that helped to improve the final document.

The document published today is currently in force and may be used from this date onwards.

[Horizontal Merger Guidelines – Spanish version]

[Horizontal Merger Guidelines – English version]