Global Competition Law is primarly a practitioner's guide presenting the most salient aspects of the major competition laws country by country, giving an overview of their structure and most charasteristic elements.
Global Competition Law also provides insight into possible future developments in the field.

Global Competition Law

The Competition Act does not specify a particular objective. Section 1 states in general terms that the purpose of the law is “to promote and defend free market competition.” The competition bill originally submitted to the Congress in 2002 explicitly called for the promotion of efficiency and consumer welfare. …

Scope

The first Chilean competition law, enacted in 1959, instituted an Antimonopoly Commission which enjoyed monitoring and sanction powers over anticompetitive behavior. In 1963, a supporting body was created, entrusted with investigation and prosecution powers: the Fiscalía Nacional Económica (FNE, National Economic Prosecutor's Office). However, under a system of planned economy, little room was left to competition. The 1973 coup opened Chile to a liberal economy system, and led to the adoption of the current Competition Act, Decree Law No 211 of 22 December 1973. The Decree Law instituted a new Competition Commission (Comisión Resolutiva) and at the central and regional levels, Consultative Commissions (Comisiones Preventivas) while keeping the FNE in office. The Decree Law underwent several amendments until 2003, when Law No 19.911 replaced the various Commissions by a Tribunal de Defensa de la Libre Competencia (TDLC). New amendments to the Decree Law were introduced in 2009 and in 2016 (Act No 20.945 published in the Official Gazette on 30 August 2016), aimed at enhancing the enforcement of competition law in Chile.The latter significantly raised the level of sanctions in a bid to align Chile with international standards and, according to the FNE President, to “consolidate Chile's leadership as a sophisticated agency in Latin America”.

Unfair competition is covered by a separate law. Section 3 of the Unfair Competition Act of 2007 defines unfair competition as any conduct contrary to good faith or morality, which is intended to take customers away from one market player through illegitimate means. The Act lists several examples of such practices: deception (by “passing off ” and other means), misleading advertising, defamation of competitors, commercial bribery, misuse of trade secrets and sham litigation filed to exclude a competitor from the market. Claims of unfair competition are decided by general jurisdiction courts.

Context

The Competition Act does not specify a particular objective. Section 1 states in general terms that the purpose of the law is “to promote and defend free market competition.” The competition bill originally submitted to the Congress in 2002 explicitly called for the promotion of efficiency and consumer welfare.

Global Competition Law

888. Scope

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Les notions juridiques connexes

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Les notions juridiques connexes

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