Chile > Competition and antitrust
Index of tables
Competition and antitrust
Clients describe the team at Carey ‘in one simple word: excellent'. They praise the quality of the delivered work and analysis, the level of professionalism and commitment that ‘could simply not be any better' and makes the practice ‘one of the best in Chile'. The firm boosted its competition expertise in 2011 with the arrival of economist María Elina Cruz as of counsel, and has the necessary resources to handle the constantly growing number of instructions received by the department. Lorena Pavic is highly recommended and her strategic thinking, attention to detail and level of engagement are highlighted as being ‘second to none'. She led the team that represented Philip Morris in an antitrust claim against British American Tobacco over exclusionary practices in the distribution and advertising of cigarettes. In other work, the team defended: Roche Laboratories in very high-profile proceedings brought by Laboratorio Recalcine over alleged sham litigation and exclusionary practices; Sanofi-Aventis against Laboratorio Chile in an exclusionary practice case; and Nextel in a claim regarding price discrimination and bundling. Pavic leads the team in conjunction with Claudio Lizana, a senior member of the corporate team who serves as Chile's representative at the ABA antitrust committee.
Claro y Cia has an outstanding reputation in competition and antitrust matters among clients and peers alike. The team has considerable experience across the sector and has been at the forefront of some of the most significant cases in the country. Practice head Cristóbal Eyzaguirre teams up with litigation specialist José Miguel Huerta to provide clients with a comprehensive service combining expertise in dispute resolution, regulatory and corporate matters. The pair represented Lan Airlines in merger control proceedings before the Competition Tribunal, the Supreme Court and the Constitutional Court in relation to its merger with Tam Linhas Aéreas. Eyzaguirre and Huerta are also acting: for Embotelladora Andina in proceedings brought before the competition tribunal regarding alleged vertical restraints on trade; British American Tobacco against the antitrust agency and Philip Morris; Lan Airlines against Aerolínea Principal for alleged predatory pricing; BBDO and Proximity on a collusion claim; and CSAV in an investigation carried out by the Chilean antitrust agency regarding shipping prices.
Ferrada Nehme is acknowledged as one of the finest names for antitrust and competition matters and its founding partner Nicole Nehme is applauded by her peers and clients worldwide for her superlative practice. The team secures instructions on cutting-edge matters from a list of high-calibre clients including multinational retailers and leading energy companies such as Colbún, Walmart, Anagra and Puerto Lirquén. The practice addresses the full range of competition and antitrust issues, advisory or contentious, including notifications, compliance, anti-dumping and investigations. One highlight was reaching a settlement agreement with the competition agency on behalf of Farmacias Ahumada in a case before the Competition Tribunal over price collusion between three retail chemists' chains. The team advised Nestlé on the consultation regarding its joint venture with Soprole as well as represented the company in a case over exclusionary practices. It also acted for VTR Banda Ancha against Red de Televisión Chilevisión over claims of anti-competitive behaviour and abuse of dominant market position. The department draws on the expertise of the firm's head of regulated markets Carla Bordoli, corporate partner Paulo Montt and foreign associate Sander van der Voorde.
Barros & Errázuriz has a remarkable track record advising on major cases before the Chilean Competition Tribunal, and receives instructions from companies in a wide range of regulated markets including energy, telecommunications, water supply and sanitation. Clients value the significant strength-in-depth of the team, comprised of founding partner José Tomás Errázuriz, Luis Eduardo Toro and four experienced associates. It successfully represented Hidroyasén against Conservación Patagónica Chile (and other non-governmental organisations), before the competition tribunal in a claim concerning the water rights sought for the development of the Hidroyasén Project. It was counsel to telecom group Claro in the proceedings brought by mobile operator Will Telefonía on alleged discriminatory price policies for on-net and off-net calls, and is acting for Nuevosur in four damage compensation claims following alleged anti-competitive conducts. The team also advises a number of companies on investigations conducted by the Chilean competition law agency.
Barros Letelier & González has a capable practice that undertakes advisory and counselling mandates but which is also engaged for major investigations and unfair competition cases. It benefits from a team of three partners, founder Enrique Barros, litigation-specialist Francisco González and recently promoted David Núñez, which give it the resources to handle varied instructions from a wide range of sectors. The team advised Entel on the consultation filed by the competition agency in relation to the potentially anti-competitive effects of its planned merger with GTD, and successfully represented Córpora Tresmontes in an unfair competition case opened by Nestlé.
Cariola Diez Perez-Cotapos y Cia increased its profile with the appointment of its antitrust expert Juan Cristóbal Gumucio as head of the competition team. He has been with the firm for five years and has developed an impressive command of competition matters in addition to his recognised IP practice – a combination that has made him the trusted advisor of leading names in the regulated markets. A highlight in 2011 was advising Tam Airlines in its merger with LAN, which was recently approved by the competition tribunal. The team also represented: Fonterra-Soprole on a high-profile consultation with the competition tribunal regarding its planned joint venture with Nestlé; Whirpool in the first ever leniency case in Chile; and the Colombian oil and gas company Organización Terpel on the sale of its Chilean subsidiary due to antitrust divestiture requirements imposed upon its controlling company, COPEC, in a complex case followed closely by the Chilean antitrust authority and requiring the interaction of the US, Colombian and Chilean regulatory agencies.
Litigation boutique Pellegrini & Urrutia has won an excellent reputation for its involvement in complex competition cases as well as the advisory work ably provided by lead-partner Julio Pellegrini. The team has gained expertise and capacity with the arrival in 2011 of antitrust specialist José Manuel Bustamante from rival Urenda, Rencoret, Orrego y Dörr. His incorporation into the partnership adds strength-in-depth to this relatively young team. It successfully represented three soft drink producers in an action against two major Coca-Cola bottling companies brought by the Chilean competition law agency for alleged abuse of dominant position and exclusionary practices, and acted for Puerto Terrestre Los Andes in appeal proceedings before the Supreme Court against several freight companies. It is also acting on behalf of Telefónica in two different public consultations regarding the implications of price differentiation between on-net and off-net calls and of the bundling of telecom services.
The team at Aninat Schwencke & Cia has been bolstered by the hire of Cristián Gandarillas from Claro y Cia. Practice-head Luis Aninat continues to represent clients before the Competition Tribunal and assist them with transactional and administrative matters in investigations conducted by the competition agency. The practice group has particular expertise in advising mining companies, trade associations and those working in regulated markets, primarily the media and electricity sectors, and undertakes valuable advisory work and compliance programs in addition to its litigation practice. It is representing six advertising agencies of the WPP Group following a claim filed by the competition agency for collusion practices, and also acts as regular counsel to the Chilean retailers association on all competition law issues.
Luis Felipe Merino and José Miguel Gana are the key contacts at Avendaño Merino Abogados, which has carved itself a strong position in the market by developing a broad practice that embraces preventive advice as well as representation in court proceedings. It has received mandates from Emaresa, AFEX and Redvoiss, and is acting on behalf of Farmacias Cruz Verde on a collusion case opened by the competition agency.
Baker & McKenzie is particularly active on the litigation side of competition matters. Rodrigo Díaz de Valdés, who combines his knowledge of antitrust law with ten years' dispute resolution experience, leads the team in addition to serving as arbitrator at the Arbitration Centre and the Chamber of Commerce. The group represented travel agency Abercrombie & Kent in a collusion case before the competition tribunal that set a precedent as to how cartel behaviour is dealt with in Chilean courts. On the merger front, León Larrain teamed up with the firm's US, London and Kiev offices to advise leading Chilean winery Viña Concha y Toro on its acquisition of Fetzer Vineyards, along with a number of other notable brands, from the Brown-Forman Corporation.
Despite the departure in 2010 of former practice-head Felipe Irarrázabal to lead the competition authority, Philippi, Yrarrázaval, Pulido & Brunner has maintained its standards in the sector. Irarrázabal's former lieutenant Ricardo Riesco has taken over as team leader and not only retained the firm's existing clients but also won a number of cases and secured instructions from new clients attracted by the practice's long-standing reputation in the area. In addition to being involved in a major cartel case, the team acted for major retailer Cencosud on a number of competition matters and, also advised Grupo Prisa.
Prieto y Cia's recently expanded and reshuffled team is led by the ‘knowledgeable, strategic and approachable' Benjamín Grebe, who is assisted by ‘two very competent' associates and also teams up with seasoned practitioner Claudio Undurraga, as well as head-of-litigation Fernando Samaniego, as required. The ‘creative and experienced' team has seen an increased demand for antitrust counselling by both foreign and national clients, as a result of which it has increased its focus upon pre-emptive advice and antitrust enquiries of late. Its expertise ranges from consultations on horizontal concentrations to distribution agreements and anti-competitive behaviours. Highlights included advising SMU on approval procedures before the competition tribunal regarding its merger with Supermercados del Sur. It is also representing radio-operator Inversiones San José in proceedings before the Supreme Court brought by the competition authority concerning alleged collusion in the concession of radio frequencies.
Urenda, Rencoret, Orrego y Dörr has an active antitrust and competition practice. Led by Jorge Vial, it focuses upon antitrust regulation compliance and counselling in relation to potential transactions, commercial agreements and business operations. The team assisted major fishing company Sociedad Pesquera Coloso on competition issues in relation to its merger with SouthPacific Korp; and advised dairy group Colun with the competition tribunal's consultation process regarding the planned merger between Fonterra-Soprole and Nestlé. It also regularly advises 3M and Sony in connection with the implementation of corporate policies for the commercialisation and distribution of products in Chile. The team recently lost prestigious competition specialist José Manuel Bustamante to Pellegrini & Urrutia.