Competition and Antitrust

The advice we provide focuses on the following matters:

• Proceedings before courts: representation in contentious and non-contentious cases before the TDLC and the Supreme Court regarding all kinds of matters, such as collusive practices, transfers of sensitive information between competitors, exclusionary or discriminatory practices, price fixing, vertical restraints, unfair competition and abuse of dominant position, out-of-court settlements, review appeals. Non-contentious consultations, general instructions and regulatory recommendation files, among others.
• Representation before the National Economic Prosecutor’s Office: Advising clients in proceedings and interactions with the FNE. This includes merger notifications, requests for information to companies in the context of investigations or market studies and advice on applications for the leniency program, among others.
• Compliance programs and permanent advisory services: Collaboration in the design, implementation and monitoring of compliance programs in antitrust and related matters. This includes risk assessment, preparation or review of compliance manuals or guides and specialized training according to each area.
• Permanent and daily advice to the client’s legal and commercial teams in case of any doubt or contingency that may arise on a daily basis.
• Collusion: We assumed the defense of Whirpool in the first leniency case in the country. We have also assumed the defense of Shell Chile, Banmédica, Comercializadora Nutreco Chile Limitada, among others.
• Abuse of dominant position: We have assumed the defense of companies such as Canal del Fútbol SpA, Google, Sacyr Aguas Santiago, Unilever and Empresas de Ferrocarriles del Estado. We also represented Terminal Marítimo Patache in a lawsuit filed against Sal Lobos and defended Maxximiza in two cases initiated by individuals.
• Non-contentious proceedings: We have represented clients such as Turner International Latin America Inc., Acceso TV, Red de Televisión Chilevisión S.A., Cámara de la Innovación Farmacéutica, GNL Chile, Confederación de la Producción y del Comercios (CPC), APM Terminals, among others. We also represented two collective waste management systems (tires, containers and packaging) in their requests for favorable reports before the TDLC.
• Advising on merger transactions: We have advised clients in multiple transactions, including Lan-Tam, Shell-Terpel, Nestlé-Soprole, Nestlé-Pfizer, American Airlines-Latam, Essilor-Luxottica, Praxair-Linde, Gerdau-AZA, Turner-CDF, Quillayes-Surlat, Joyvio-Australis, HBO-LAG, Sandvik- DSIU, Viacom-Chilevisión, Glencore- Cerrajón, Discovery-WarnerMedia, American Industrial Partners-Aquaship, American Industrial Partners- Boart Longyear, BlackRock-Global Infrastructure Partners, among others.
• Compliance Advisory: We have advised clients in the implementation, review and certification of their compliance programs, including analysis of financial aspects of their activities, such as companies providing medical supplies and devices, compensation funds, natural gas, financial retail, transportation, energy, among others.
• Minority shareholdings (article 4 bis): we have assumed the defense of Banmédica in one of the only cases before the Tribunal de Defensa de la Libre Competencia.