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Latin America

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1. Summary of the proposed bill Brazil’s House of Representatives currently discusses Bill No. 11,275/2018, introducing new rules for private cartel damage claims. The proposal aims to update the Brazilian Antitrust Law by encouraging follow-on cartel damage claims in a way that does not jeopardize incentives for settlements and leniency applications with the Brazilian antitrust authority (CADE). The main changes proposed are the following: Double damages liability for cartel participants, except for companies that apply…

On March 13, 2020, the President of the Republic of Chile submitted to the Congress a bill to increase criminal sanctions to cartels, and to provide the Fiscalía Nacional Económica (FNE), the Chilean Competition Authority, with new techniques for their investigations. If this bill is approved, will it open a new stage to cartel enforcement in the country? Background On October 18 2019, a social unrest began in Chile. Millions of Chileans took to the…