Legal Autorithies

The Tribunal de Defensa de la Libre Competencia (“Competition Tribunal” or “TDLC”) has the following powers and duties:

1) To hear, at the request of a party or the National Economic Prosecutor (“FNE”), situations that may constitute infringements to Decree Law No. 211;

2) To hear, at the request of those who are parties or have a legitimate interest in the facts, acts or contracts existing or to be entered (other than mergers referred to in Title IV of Decree Law No. 211), or of the National Economic Prosecutor, non-adversarial matters that may infringe Decree Law No. 211, for which purpose the Competition Tribunal may set conditions that must be fulfilled in those facts, acts or contracts;

3) To issue general instructions that must be observed by private parties in the acts or contracts they execute or enter into, and which are related to competition issues or could infringe it;

4) To propose to the President of the Republic, through the corresponding State Secretary, the amendment or derogation of the legal and statutory precepts that it deems anticompetitive, as well as the enactment of legal or statutory precepts when necessary to promote competition or regulate the exercise of certain economic activities that are provided under non-competitive conditions. In any event, the secretary receiving the proposal must express his opinion on it. The response will be published on the web site of the TDLC, the FNE and the corresponding Ministry;

5) To conduct, upon the exclusive request of the notifier of a concentration operation, the procedure for special review of concentration operations, when such operations have been prohibited by the National Economic Prosecutor pursuant to Article 57 of Decree Law No. 211;

6) To issue, in accordance with the law, court regulations that may be necessary for the proper administration of justice; and

7) Any other prescribed by law.

It should be noted that, with the enactment of Law No. 20.945 of 2016, the Competition Tribunal was conferred the power to hear and judge the compensation of damages that may arise from antitrust infringements that have been previously sanctioned by the TDLC.