Law 20,361 modified Decree Law 211 of 1973, empowering the National Economic Prosecutor's Office to sign extrajudicial agreements with the economic agents involved in its investigations, in order to safeguard free competition in the markets. These out-of-court agreements are aimed at the efficiency of the national antitrust system by pursuing the dejudicialization of contentious and non-contentious procedures that could eventually be heard by the Court for the Defense of Free Competition. The aforementioned out-of-court agreements require certain essential elements: i) the agreement, which constitutes the core of the self-composition and with respect to which its out-of-court, preventive, plurilateral, total, solemn nature and endowed with a real and lawful purpose and cause is analyzed, and ii ) the activity of the Court for the Defense of Free Competition which, more than a form of heterocomposition, is, strictly speaking, an act of control and with respect to which the initiative, control and its binding nature are studied.
Keywords:
Antitrust settlement, Free competition, National Economic Prosecutor's Office, Tribunal for the Defense of Free Competition and Efficiency
Valdés Prieto, D. (2014). Extrajudicial antitrust agreements and the principle of efficiency. Revista De Derecho Público, (73), Págs. 221–235. https://doi.org/10.5354/rdpu.v0i73.35667
