What happened in 2021 in Free Competition?

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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 

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