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Chilean Competition Authority Report on Aftermarkets in the Auto Industry

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OECD Directorate for Financial and Enterprise Affairs
OECD Directorate for Financial and Enterprise Affairs

The document discusses aftermarkets in Chile's auto industry. It summarizes that Chilean law does not address aftermarkets directly and there have been no relevant legal decisions. The Competition Agency (FNE) has investigated possible abuses of dominance in aftermarkets. One investigation looked into whether the auto parts market was separate from the car market. The FNE ultimately closed the investigation into alleged abusive pricing by an automaker in the auto parts aftermarket, citing jurisprudence at the time and that aftermarket revenues were a small portion of the company's total revenues. The FNE still recommended increasing transparency around aftermarket product costs.

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FISCALÍA NACIONAL ECONÓMICA June 21, 2017 Contact: mybar@fne.gob.cl www.fne.gob.cl Fiscalía Nacional Económica Aftermarkets – Auto Parts
AFTERMARKETS IN CHILE • Chilean Law (Decreto Ley 211) does not contain any specific provision regarding aftermarkets. • There has been no jurisdictional decision by the Competition Tribunal (TDLC) dealing specifically with them. • However, the Competition Agency (FNE) has carried out a few investigations about possible abuses of dominance in aftermarkets. | FISCALÍA NACIONAL ECONÓMICA 2
THE AUTO-PARTS CASE • FNE received a consumer complaint against a well known car company for abusive pricing in the auto-parts. • Investigation tried to answer the question whether there was only one market (system market) or if there was two separated markets (a car market and an auto part market for those cars) • Primary market for cars and a secondary market for auto-parts. | FISCALÍA NACIONAL ECONÓMICA 3
FNE’s DECISION: • Closed the investigations because the TDLC jurisprudence of the time ruled out exploitative pricing conduct as an abuse of dominance. • Furthermore, the investigation was closed because the FNE considered that the complained did not have incentives to charge excessive prices to their costumers in the secondary market (which only accounted for less than 10% of their revenue) | FISCALÍA NACIONAL ECONÓMICA 4
Other considerations: • Despite closing the investigation, the FNE recommended: o Make public information about the cost of products of the aftermarket in order to reduce asymmetry between the firm and its costumers, improving the quality of the decision making of the latter. | FISCALÍA NACIONAL ECONÓMICA 5

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Chilean Competition Authority Report on Aftermarkets in the Auto Industry

  • 1. FISCALÍA NACIONAL ECONÓMICA June 21, 2017 Contact: mybar@fne.gob.cl www.fne.gob.cl Fiscalía Nacional Económica Aftermarkets – Auto Parts
  • 2. AFTERMARKETS IN CHILE • Chilean Law (Decreto Ley 211) does not contain any specific provision regarding aftermarkets. • There has been no jurisdictional decision by the Competition Tribunal (TDLC) dealing specifically with them. • However, the Competition Agency (FNE) has carried out a few investigations about possible abuses of dominance in aftermarkets. | FISCALÍA NACIONAL ECONÓMICA 2
  • 3. THE AUTO-PARTS CASE • FNE received a consumer complaint against a well known car company for abusive pricing in the auto-parts. • Investigation tried to answer the question whether there was only one market (system market) or if there was two separated markets (a car market and an auto part market for those cars) • Primary market for cars and a secondary market for auto-parts. | FISCALÍA NACIONAL ECONÓMICA 3
  • 4. FNE’s DECISION: • Closed the investigations because the TDLC jurisprudence of the time ruled out exploitative pricing conduct as an abuse of dominance. • Furthermore, the investigation was closed because the FNE considered that the complained did not have incentives to charge excessive prices to their costumers in the secondary market (which only accounted for less than 10% of their revenue) | FISCALÍA NACIONAL ECONÓMICA 4
  • 5. Other considerations: • Despite closing the investigation, the FNE recommended: o Make public information about the cost of products of the aftermarket in order to reduce asymmetry between the firm and its costumers, improving the quality of the decision making of the latter. | FISCALÍA NACIONAL ECONÓMICA 5