El delito de colusión en Chile: Propuesta analítica de la conducta prohibida a través de su interpretación como un acuerdo anticompetitivo

Abstract

This article offers an interpretative proposal of the prohibited conduct of collusion crime described in article 62 of the Defense of Free Competition Chilean Law. To do so, starts with the understanding that our legislator incorporated an endangerment offense. Through this crime prohibits the celebration, organization or execution of those anticompetitive agreements considered especially dangerous (hard core cartels). Nevertheless, a series of difficulties are detected in the task of determine which conduct is truly prohibited by the legislator. With the object of resolving this problem its constitutive elements are analyzed, highlighting the complexities associated to the understanding of agreement concept in this context, and the subsequent problem of establishing when such an agreement must be regarded as anticompetitive.