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ARTICLE · 23 SEPTEMBER 2016

Amendments To Chilean Decree With Force Of Law No. 211

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The Law Decree No. 211 was amended on August 30th, 2016 by Law 20,945 (the "New Law").

ChileAntitrust/Competition Law

The Law Decree No. 211 was amended on August 30th, 2016 by Law 20,945 (the "New Law"). The following are the main amendments:

  1. Amendments on collusion
    The New Law amends the crime of collusion introducing the per se standard to punish hard core cartels, providing evidence of the existence of an agreement being sufficient, independently of the power of the parties in the market and the anti-competitive effects.

    Another innovation of the New Law is the criminalization of collusion punished with imprisonment that may range from three years and one day to 10 years. In the event alternative punishment may apply, it can only be requested after the convict has been imprisoned for one year. Also, additional penalties are imposed for collusion: (i) Absolute temporal disqualification of seven years and one day to 10 years to act as a director or manager in an openly-held corporation or in a corporation subject to special regulations, a State-owned company or one in

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