Author(s)
Elina Cruz and Sebastian Zarate
Source
Competition Law and Policy in Latin America, Eleanor M. Fox and D. Daniel Sokol, eds., 2009
Summary
This paper looks at competition law in Chile.
Policy Relevance
The Chilean Supreme Court should defer to competition law regulators.
Main Points
- Chileans mistrust competition law as the country is “over-legalized.” The National Economic Prosecutor lack of power and the Supreme Court’s oversight power are signals of mistrust.
- Collusion case law reflects a "cautious" approach adopted by Chilean competition authorities. The Competition Act 2003 took a different approach, but was blocked by the Supreme Court.
- A current bill proposes the introduction of a leniency policy and other amendments.
- Judges should
- Interpret competition law as Administrative Criminal Law.
- Recognize the Competition Tribunal as an administrative agency and defer to it, especially the Supreme Court.
