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Competition Buzz: An Analysis of Cartel Case ‘Pharmacies’ and Its Prospects

By  |  September 13, 2016

By: Crispulo Marmolejo

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    During 2012, the Chilean Antitrust case denominated “Pharmacies” became one of the leading in terms of investigation conducted by the Fiscalia Nacional Economica and one of the highlighted decisions of the Antitrust Court, Tribunal de Defensa de la Libre Competencia. This paper analyses the basic structure of judgement 119/2012 issued by the Tribunal, and confirmed by Chilean Supreme Court, by decision 2578-2012, which it was written by judge Sergio Muñoz, rejecting an appeal issued by Cruz Verde S.A and Salcobrand S.A. The article also studies the way by which the judges define the relevant market, and discusses some elements about parallel pricing. Furthermore, the case was controversial with respect to to the application of an agreement of conciliation with FASA S.A.

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