The Chilean Supreme Court recently upheld a landmark decision by the Competition Tribunal (“TDLC”) in Fiscalía Nacional Económica en contra de Cencosud S.A. y otras, Rol C-304-2016, condemning the country’s three largest supermarkets chains for having engaged in a conspiracy to fix minimum resale prices of poultry by means of communications through their common suppliers. This is the first time these courts have addressed a complaint brought by the Fiscalía Nacional Económica (“FNE”), the Chilean Competition Authority, explicitly based on a “hub-and-spoke” theory. Following these decisions, Chile has become one of the few jurisdictions in which a finding of collusion based on a hub-and-spoke arrangement has been affirmed after going through a complete judicial review. This article summarizes
The Chilean Supreme Court upholds a landmark decision by the Competition Tribunal condemning the country’s three largest supermarkets for conspiracy in fixing minimum resale prices of poultry (Walmart / Cencosud / SMU)
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