Regarding the Current On-Punishability in Chile of Price Agreements

By Jean Pierre Matus Acuña (University of Chile)

The paper shows that price agreements between suppliers of consumer goods are not currently punishable in Chile, according to the correct interpretation of the rules that have been invoked to that end, Articles 285 and 473 of the Criminal Code, and the historical evolution of the regulation and punishment of offenses against free competition, today delivered exclusively to the administrative authority and a special court created for that purpose. At the same time, it is shown that the principle that a general law can be applied when the special law is repealed, it can be argued that when previously general law (or the relevant part) has been repealed because it would mean a violation of the guarantee of the principle of legality, which involves the application of existing laws at the time of commission of the offenses.

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