Chile

The FNE investigates and prosecutes competition cases. The TDLC, a specialised court with economist and lawyer members, adjudicates. Appeals go to the Supreme Court.

Hard-core cartels (price-fixing, market allocation, output restriction, bid-rigging) are prohibited and carry both civil sanctions and criminal penalties (up to 10 years imprisonment since 2016).

Vertical agreements that restrict competition (resale price maintenance, exclusive territories, tying) are assessed under the general prohibition with a rule-of-reason approach.

Abuse of dominant position is prohibited, including predatory pricing, refusal to deal, discrimination, and exclusionary conduct. The TDLC has developed substantive case law on dominance assessment.

Mandatory pre-merger notification system since 2017 for transactions exceeding UTA-based thresholds. The FNE reviews and may approve, impose conditions, or oppose mergers before the TDLC.

Robust leniency programme (2009). First applicant receives full immunity from fines and reduced criminal exposure. Programme has yielded major cartel detections (pharmacies, poultry, tissues).

The FNE may reach extrajudicial agreements (consent decrees) with parties, subject to TDLC approval. Settlements are used in both conduct and merger cases.

Fines up to 30% of annual sales in the relevant market or double the economic benefit obtained. Criminal penalties for cartels: imprisonment up to 10 years (since 2016). Disqualification of directors.

No dedicated digital markets legislation. The FNE has conducted market studies on digital platforms and has applied general competition rules to technology markets.

Sector regulators (SUBTEL for telecom, CMF for financial services, CNE for energy) operate alongside the FNE, but the FNE has primary competition jurisdiction across all sectors.

The FNE has broad powers to conduct dawn raids (entry and search), intercept communications (with court authorisation for cartel cases), and compel production of documents and testimony.

Private damages actions may be brought following a final TDLC determination. Stand-alone private actions before the TDLC are not available; the FNE has prosecution monopoly.

Cooperation agreements with the US, EU, and several Latin American jurisdictions. Active member of ICN and OECD Competition Committee. Pacific Alliance cooperation on competition matters.

Criminal cartel prosecutions (first convictions in pharmacy case). Active merger enforcement in supermarkets and healthcare. Market studies in digital, pharmaceutical, and financial sectors. FNE advocacy role expanding.