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Changes To Chile's Competition Law

Author:Ms Carla Hine and Ryan Leske
Profession:McDermott Will & Emery

The amendments, which were published in a new law on 30 August 2016, include the introduction of mandatory premerger notification and a two-phase merger control system, required notification for acquisitions of minority stakes, criminal penalties for cartel involvement, an increase in the maximum fine for anticompetitive conduct, and per se enforcement for interlocks between competitors under certain circumstances.

The most important amendments for parties doing business in Chile, and those considering potential transactions in the country, are the introduction of a mandatory premerger notification to the National Economic Prosecutor (FNE) and a two-phase merger control system.

In the past, premerger filings in Chile were voluntary, with limited exceptions for specific markets. Under the new law, parties must report a transaction to the FNE prior to its execution when the sum of both parties' sales in Chile in the prior year is greater than, or equal to, 1.8 million Chilean units of account (approximately US$71 million) and both parties' sales in Chile are greater than or equal to 290,000 Chilean units of account (approximately US$11 million).

Once the premerger notification has been filed, the new, two-phase merger control system prohibits parties from closing the transaction until it has been approved by the FNE or the Chilean Competition Court. The FNE can investigate a notified transaction for 30 days, after which it must either approve the transaction or extend the investigation for another 90 days for a more in-depth review.

Similar to the reporting requirements included in the new merger...

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