Chile merger control


Produced in partnership with FerradaNehme
Practice notes

Chile merger control


Produced in partnership with FerradaNehme

Practice notes
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A conversation with Diego Hernández, partner at Chilean law firm FerradaNehme, on key issues on merger control in Chile.

NOTE–to see whether notification thresholds in Chile and throughout the world are met, see Where to Notify.

1. Have there been any recent developments regarding the Chilean merger control regime and are any updates/developments expected in the coming year? Are there any other ‘hot’ merger control issues in Chile?

On 1 June 2023, the current Chilean merger control regime marked six years since coming into force. This new regime, set out in Section IV of the Chilean Competition Act (Decree Law No. 211, DL 211), established a pre-emptive mandatory notification with the National Economic Prosecutors Office (Fiscalía Nacional Económica, FNE) for transactions qualifiable as ‘concentration operations’ that meet the thresholds indicated in question 4 below.

The merger control comprises a two-stage investigation process: 30 working days for phase I once the notification is declared complete and an additional 90 working days for phase II, which can be suspended every time remedies are offered (up to 10 working days for phase I and up to

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Jurisdiction(s):
United Kingdom
Key definition:
Merger control definition
What does Merger control mean?

The merger control rules of the UK are contained in the enterprise Act 2002, as amended. Under the UK merger control rules, the competition and markets authority has jurisdiction to review both completed and anticipated merger transactions provided there is a ‘relevant merger situation’. The UK rules do not generally apply to mergers in relation to which the European Commission has exclusive jurisdiction under the EU Merger Regulation. Where the transaction falls within the scope of any national or supranational (eg the EU or COMESA) merger control rules, it is common for the parties to the agreement to agree that the transaction shall be conditional upon merger control approvals having been received and no relevant competition authority having raised objections to the transaction (Enterprise Act 2002).

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