Feature Note / Newsletter

Chile´s merger control regime will enter into force on the 1st June, 2017

competition , fne
10 May, 2017

On June 1, 2017, Chile’s new merger control regime will enter into force. The system establishes a mandatory pre-merger notification system for concentrations that cross the thresholds established by the Fiscalía Nacional Económica (FNE), so that the FNE may determine whether such operations are capable of substantially reducing competition in the market. 

Regulations detailing the information requirements for the notification of concentrations 

Also in the context of the merger control regime, on the 1st March 2017, the Government published the Regulations detailing the information requirements for the notification of concentrations to the FNE.

The Regulations require the submission of a large quantity of information and supporting documentation related to the projected operation, its structure, rationale, definition and description of the relevant markets affected, entry barriers and possible efficiencies, among others.

These Regulations also consider a simplified notification mechanism for concentrations that are unlikely to raise competition concerns.

The directive includes the possibility that the FNE may dispense the notifying parties from the obligation

to provide any particular information required for the notification where it considers that such information is not necessary for the examination of the projected operation.

Guidelines on Leniency in Cartel Cases

In the context of the recent amendments to Chile’s Competition Law, the FNE published the Guidelines on Leniency in Cartel Cases that set forth the criteria and internal working guidelines used by the FNE to grant leniency.

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