FNE (Chilean competition authority) — Cubillos Lama
Glossary

FNE (Chilean competition authority)

Chile's public agency that investigates anticompetitive conduct and reviews mergers.

The FNE (Fiscalía Nacional Económica, or National Economic Prosecutor's Office) is the Chilean public agency in charge of defending free competition. It investigates anticompetitive conduct — such as collusion among competitors, abuse of dominance and exclusivity arrangements that restrict the market — and files complaints before the Competition Tribunal (TDLC), which rules and imposes sanctions. Its legal framework is Decree Law 211. For companies, the FNE matters on two practical fronts. First, merger control: transactions above the turnover thresholds set by law must be mandatorily notified to the FNE and cannot close without its prior clearance, which makes the agency a timing factor in any relevant M&A deal. Second, cartel enforcement: the FNE runs the leniency program, which allows a company that took part in collusion to obtain immunity or reduced sanctions if it reports the conduct and cooperates. Collusion can also constitute a criminal offense carrying prison sentences. Companies operating in Chile typically address competition risk in their compliance programs, including protocols for trade-association participation and contacts with competitors.

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