Summary of the most relevant cases known by the TDLC during 2021 and what is expected for the remainder of 2022
2021 was a year with great milestones in terms of free competition, which will set the tone for the coming months.
1Of twenty-one contentious cases initiated before the Court for the Defense of Free Competition last year, four correspond to requirements presented by the FNE. 1
- Two correspond to the first requirements presented by the authority for alleged infringement of the prohibited interlocking rule, 2 which have made transparent the FNE’s interpretation of said rule, which had not been invoked before the TDLC up to that time. Although letter d) of article 3 of DL 211, which contains the aforementioned infraction, was incorporated in the legal modification in 2016 to the aforementioned legal body, these two cases represent the first actions referred to that conduct presented by the FNE before the TDLC, and the only ones so far.
- The other two requirements refer, in one case, to an alleged collusion between the securities transport companies , and in the other case, to an alleged anti-competitive conduct consisting of the acquisition by a shipping company of its only competitor in the transport of ro-ro cargo on the bidirectional maritime route Puerto Montt-Chacabuco.
twoAs for non-contentious procedures , coincidentally during 2021, twenty-one cases were also initiated , of which two correspond to requests for reports to the TDLC within the framework of the provisions of the REP Law . 3
- Until the month of April 2022, a total of five report requests