The Supreme Court of Chile heads towards a per se rule in the assessment of cartel cases (Explora)

For the first time since the new Chilean Competition system started in 2004, the Supreme Court has overruled a decision of the Competition Tribunal in regard to a cartel case, which was not originally sanctioned by the latter. But also, the Supreme Court seems to have established a per se rule in the assessment of these type of cases in Chile. However, has it really been recognized? In December 2009, the National Economic Prosecutor's Office of Chile (Fiscalía Nacional Economica or FNE) filed a complaint before the Competition Tribunal (TDLC) alleging that Abercombrie & Kent S.A., ADS Mundo Turismo Ltda., Turismo Cocha S.A., Chilean Travel Services Ltda. and Turavión Ltda. (tourism agencies) had made an agreement in order to obtain a higher commission from a luxury hotel chain

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Francisco Borquez, The Supreme Court of Chile heads towards a per se rule in the assessment of cartel cases (Explora), 20 September 2012, e-Competitions September 2012, Art. N° 49677

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