This presentation by Nicolás Rojas Covarrubias, President, Tribunal de Defensa de la Libre Competencia, Chile, was made during the Workshop on Procedural Safeguards in Competition Cases held for competition authorities officials on 22 February 2023. More materials on the topic can be found at: https://www.oecd.org/competition/workshop-on-procedural-safeguards-in-competition-enforcement.htm. This presentation was uploaded with the author’s consent.

1. WWW.TDLC.CL
Procedural challenges in Chile
Nicolás Rojas Covarrubias
President
FEBRUARY 22ND, 2023

2. PLAN
• The Chilean Competition System
• Role of the FNE as litigant
• Procedural challenges
• Nature of procedure
• Lack of discovery
• Incorporation of FNE’s case file to the proceeding

3. CHILEAN COMPETITION SYSTEM
Plaintiffs
Decision-making
(5 justices: 3
lawyers + 2
economists)
Judicial Review
(5 justices)
Supreme
Court, 3rd
Chamber
TDLC
FNE
(Competition
Agency)
Sernac
(Consumer
Protection
Agency)
Private Parties

4. Investigative
powers:
inspections, dawn
raids, interception
of communications,
request
information, obtain
oral testimonies
Litigant: No special
privileges; like any
other party.
FNE
All
sanctions
must be
imposed
by a
judicial
body

5. Competition
Procedure:
Based
on
Civil
Procedure
Code
(1903)
Adversarial / non-criminal
(sanctions)
Limited Powers of the Judge
No judicial control over evidence
presented by the parties
No Standard of Proof
No protection against self-
incrimination
Lack of discovery

6. Incorporation of FNE investigation
case file
Confidential information
Pertinence of information
Privileged information
Privacy and Data Protection
Laws

7. (+56 2) 27538300 WWW.TDLC.CL HUÉRFANOS 670, Piso 19, SANTIAGO DE CHILE