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AV. ISIDORA GOYENECHEA 2939, 10TH FLOOR, LAS CONDES, SANTIAGO, CHILE
Tel:
Work +56 2 2378 8900
Fax:
Fax +56 2 2362 0387
Email:
Web:
www.bye.cl

José Tomás Errázuriz

Tel:
Work (56) (2) 2378 8900
Email:
Barros & Errázuriz

Work Department

Competition / Antitrust, Dispute Resolution

Position

Founding partner Practice areas: Litigation and arbitration, competition, energy, telecommunications and capital markets.

Career

Founder of Barros & Errázuriz Abogados; professor of Economic Administrative Law, mention in Telecommunications at Universidad Católica de Chile, School of Law.

Languages

Spanish and English

Member

Member of the Chilean Bar Association; Arbitration & Mediation Centre of the Santiago Chambers of Commerce; National Centre of Arbitration.

Education

Universidad de Chile, Santiago, LLB; Harvard University School of Law, Cambridge, PIL (1993 and 1996); Columbia University School of Law, Visiting Scholar (2000); Diploma on Antitrust, Universidad de Los Andes, School of Economics, Santiago (2007).


Chile

Competition and antitrust

Within: Competition and antitrust

Barros & Errázuriz is frequently involved in major matters before the TDLC. The practice’s experience includes merger clearance work, compliance issues and the growing area of cartel leniency cases; and it also has particular telecoms sector expertise, as well as knowledge of the pharmaceuticals, medical devices, retail, media, food and beverage, and energy sectors. The team defended Coca Cola Embonor against a lawsuit filed before TDLC by several fast-food chain franchisees for alleged abuse of dominant position and price discrimination. Luis Eduardo Toro, José Tomás Errázuriz and David Cademártori are recommended; associate Francisco Bórquez previously worked in FNE’s litigation department.

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Corporate and M&A

Within: Corporate and M&A

Barros & Errázuriz is highly rated for all phases of acquisitions, sales and mergers of companies, including private acquisitions during cross-border takeovers of listed companies, acquisitions of controlling and minority interests, divestitures, and corporate restructuring programmes. The practice is also recommended for foreign investment projects in Chile and regularly assists several funds with high-profile transactions. Highlights saw the practice advise Chilean companies Indumotora Corp and Empresas Indumotora –collectively known as Grupo Indumotora (GI), on the sale to Inchcape of GI’s outstanding capital stock in several companies; it also advised Carlyle Peru Fund on the acquisition of a 75% stake in Gastronomía y Negocios, Chile’s largest fast food and casual dining franchise operator, including the due diligence process, transaction and financing documentation. Pablo Guerrero is practice group leader and capital markets practice head; Cristián Barros is a well-known private equity adviser; Víctor Barros is recommended for corporate law, capital markets, financing and M&A; and Nicolás Balmaceda regularly advises on corporate law, M&A and financing transactions, and has particular infrastructure expertise. Fernando Barros, Luis Alberto Letelier, Bernardo Simian, Gonzalo Molina, Carlos Ducci and José Tomás Errázuriz are also highly rated.

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Dispute resolution

Within: Dispute resolution

Barros & Errázuriz’s scope of expertise encompasses civil law, commercial law, taxation, bankruptcy, real estate and construction, and competition disputes, as well as energy, telecoms , public law and class action disputes. Recent matters saw the practice act for Oxiquim, which commercialises chemical products, in a contractual claim against energy company ENEX. José Tomás Errázuriz is a renowned Chilean arbitration expert; and other recommended advisers include Luis Eduardo Toro, David Cademártori and Javier San Martín.

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Environment

Within: Environment

Barros & Errázuriz regularly participates in the review of environmental issues in relation to domestic and foreign transactions, including advising clients on indigenous and community issues; the practice is also experienced in acting before the Environmental Commission and Environmental Courts. Recent matters saw the team advise on the environmental evaluation of a power transmission line project. José Tomás Errázuriz and Fernando Garrido are the lead environment practice partners.

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Insurance

Within: Insurance

Barros & Errázuriz regularly acts for its clients on the incorporation of insurance companies in Chile; the practice also advises shareholders on their interests in local insurance companies; assists foreign reinsurers with Chilean legal matters, including regulatory issues; and acts in claims which involve the adjustment process and insurance sector litigation. The team advised MassMutual International on the sale of its stake in Chilean life insurance company, Compañía de Seguros CorpVida; and acted for Consorcio Internacional de Aseguradoras de Crédito on the incorporation of credit insurance company CESCE Chile Aseguradora. José Tomás Errázuriz and Carlos Ducci are the key contacts.

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Public law

Within: Public law

Barros & Errázuriz’s practice advises on public procurement, administrative contracts, administrative sanctioning procedures and contentious administrative proceedings; marine concessions; and government liability issues. In recent mandates it advised for Laboratorios Andrómaco in a matter involving the application of fines by the Health Authority. José Tomás Errázuriz is department head and David Cademártori is ‘highly intelligent’.

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TMT

Within: TMT

Barros & Errázuriz is highly rated for the regulatory aspects of telecoms and technology matters, and the scope of the team’s advice includes judicial, administrative and antitrust proceedings. On the transactional side, the practice acted for Claro Chile (CC) in a merger process involving different telecoms companies, as part of a corporate reorganisation. It also assisted CC with regulatory issues, such as new licenses, service agreements, antitrust matters and telecoms infrastructure. Other active clients include DirecTV, Red Televisión and Torres Unidas. José Tomás Errázuriz and José Ignacio Ovalle are the recommended names.

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Chile: Energy and natural resources

Electricity/oil and gas

Within: Electricity/oil and gas

Barros & Errázuriz advises all segments of the electricity market, including generator, transmission and distribution companies; it also assists with the regulatory, finance, transactional, environmental law, contentious and tax issues of projects, as well as procurement and supply contracts. It acted for Interconexión Eléctrica’s subsidiary, Interchile, in obtaining project financing from a syndicate of local and international banks to finance the construction of power transmission projects in Chile. José Tomás Errázuriz and Fernando Garrido are recommended.

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