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Print articleNew Guidelines of the National Economic Prosecutor for Vertical Restraints
July, 2014 - Partners Claudio Lizana and Lorena Pavic
1. Introduction
In June, 2014 the National Economic Prosecutor (Fiscalía Nacional Economica – FNE) issued its guidelines for the Analysis of Vertical Restraints.
This document is a new effort of the FNE to promote free competition, on the basis of the review of the best practices on the matter and the study of the problems associated with vertical restraints. These guidelines are intended to provide a framework concerning the concept of vertical restraint used by the FNE, the main features of these kinds of provisions, their type, anticompetitive risks and potential efficiencies. The guidelines are not mandatory to the Antitrust Court (Tribunal de Defensa de la Libre Competencia). Nonetheless, the FNE may file a claim before the Antitrust Court based on these guidelines and claim violations to competition law.
