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Guidelines on Remedies

Chilean Competition Agency (FNE), Guidelines, June 2017

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The Chilean Competition Agency has published Guidelines on Remedies to clarify and guide the notifying parties regarding the FNE’s assessment of the proposed mitigating commitments and the general principles that the commitments need to accomplish to be considered in the FNE’s decision-making process.

By elaborating these Guidelines on Remedies, FNE aims to provide legal certainty to the notifying parties, limiting the scope of discretion afforded to the agency by the law.The Guidelines discuss preferred mitigating commitments, best practices on implementing divestitures, among other topics. Their content is based on the relevant experience in the comparative law, as well as the experience acquired by the FNE in its domestic practice.