Antitrust

ANTRITUS LAW is a particularly complex field, which combines law, economics, and public policy. Antitrust issues, moreover, have a critical relevance for firms and their development. We provide comprehensive advice in all areas of legal services connected to these matters.

Our Antitrust practice is the largest, most comprehensive, and best prepared in Chile. Not only we were the first Chilean law firm to create a practice area exclusively dedicated to antitrust matters in 2000. We also count with an outstanding team, directed by partner Nicole Nehme, integrated by professionals with complementary expertise and a multidisciplinary approach.

We possess an extensive expertise in these issues, and have participated in most of the biggest cases developed before the Chilean administrative antitrust agency (Fiscalía Nacional Económica) and the Chilean antitrust tribunal (Tribunal de Defensa de la Libre Competencia).

Our practice is characterized by a solid economic perspective, and by its ability to creatively face the most complex antitrust issues. Moreover, we pursue a preventive approach, focused on avoiding antitrust contingencies, balancing individual, social, and antitrust interests.

The huge know how we have acquired in these long years of permanent practice in antitrust law makes us one of the preferred law firms, both by firms and public entities, for facing the most sensitive issues of antitrust law.

We can proudly say that FerradaNehme is the Chilean law firm that handles most antitrust issues in the country. This work encompasses legal opinions and briefs, voluntary proceedings before the Chilean antitrust authorities, and antitrust litigation, as well as our permanent advice for clients investigated by the Fiscalía Nacional Económica, our development of compliance programs, and other forms of preventive advice.

  • Legal opinions on antitrust issues
  • Investigations conducted by antitrust authorities
  • Antitrust litigation and voluntary procedures
  • Mergers, acquisitions and joint ventures
  • Strategic business advice
  • Antitrust compliance
  • Dumping and safeguards

Our interest in Consumer Law began in 2004 when the Chilean Consumer Act was subject to a major change due to the incorporation of collective actions. The experience gained in the advisory services provided under the framework of the first collective actions filed in the country gave us a solid base to continue developing our expertise in this area.

Currently, more and more demanding consumers, a more complex regulation and a stricter sectoral authority make it essential to rely on a preventive counseling in this area. FerradaNehme has a broad experience in advising several companies on this matter under the supervision of our principal Stella Muñoz, on areas such as financial markets, public utilities, retail, and the like, with the highest professional standards.

Our advice in this area includes, among others, the following:

• Reports on consumer law
• Pre-contractual information (advertising materials and quotations)
• Contracts of adhesion, summary sheets, annexes, and post contractual information
• Remote and electronic contracting
• Individual and collective actions
• Collective mediations
• Customer services and customer assistance procedures
• Personal data protection

The approach to a merger between two or more companies from an antitrust viewpoint is a matter that has been gaining importance in recent years in Chile, and will possibly continue to do so. FerradaNehme has been a witness to, and in many cases has encouraged, the progress of our Antitrust Law on these matters. Indeed, our merger practice group has participated in several of the most emblematic merger cases which have involved retail companies, companies selling mass consumption products, industrial companies, and service providers, encouraging effective and innovative solutions.

Specifically, our advice encompasses the legal and economic analysis of mergers before their consummation; reviewing already consummated mergers; negotiations with the FNE or filing presentations before the TDLC; all of which, if necessary, has been accomplished in coordination with the our clients’ legal advisors in other jurisdictions (in those cases in which the merger under analysis has been brought under control in several countries).

Our team consists of professionals who wisely combine a thorough knowledge of both legal (procedural and substantive) and economic matters; a knowledge which, coupled with our significant experience on mergers, make us one of the strongest teams as far as these matters are concerned.

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