On 27 March 2017, a new internal guide of the National Economic Prosecutor (Fiscalía Nacional Económica, hereinafter “FNE” for its acronym in Spanish) entered into force to unify the criteria and internal work on processes of leniency in cartel cases, consolidating the contributions obtained from the consultative procedure that said guide underwent, and the modification that was made in 2016 to Decree Law 211, law that regulates free competition in Chile. One of the main characteristics of this guide is the possibility to make a hypothetical enquiry without revealing the identity of the interested party. This guide will apply to the processes that are commenced as from its entry into force. To gain knowledge of the requirements, process and benefits that a person who has engaged in collusive conduct can access, and to learn how to provide information to the FNE that can be used to prove the conduct and determine responsibilities, click here.
