"Article 1-Introducense the following |! |" amendments to the Decree Law No. 211 of 1973, which set |! | standards for the protection of free competition, whose |! | was revised, coordinated and streamlined text |! | established by the No. 511 Supreme Decree of 1980, |! | the Ministry of economy, development and reconstruction, and |! | its amendments, in terms that are designated to |! | (below: 1) replaced the article 1st, by the following: "article 1.-this law aims |! |" promote and defend free competition in the |! | markets.
Attacks on free competition in the |! | economic activities will be corrected, banned or |! | repressed in the form and with the penalties provided for in |! | This Act. "."
(2) replace the article 2º, by the following: ' article 2.-will be up to the Court of Defense |! | " of free competition and the national prosecutor |! | Economic, in the sphere of their respective powers, |! | implementation of this law for the safeguard of the |! | free competition in the markets. "."
(3) replace the article 3rd, by the following: ' article 3.-who run or held, individual |! | " or collectively, any fact, event or Convention |! | prevents, restricts or interferes with the free competition, or |! | that tends to produce such effects, will be sanctioned |! | the measures referred to in article 17 K of the |! | This law, without prejudice to the remedies or |! | prohibitive to that with regard to these facts, acts or |! | conventions can be arranged in each case.
Be considered, among others, facts, acts or |! | conventions which prevent, restrict or hinder the |! | express or tacit agreements between agents (libre competencia, los siguientes: a) |! | economic, or the concerted practices between them, than |! | relate to pricing of sale or purchase, |! | limit production or assigned areas or quotas of |! | market, abusing the power that such agreements or |! | practices confer them.
(b) the abuse by a company, |! | or group of companies that have a common driver, |! | of a dominant position in the market by setting prices |! | of purchase or sale, imposing on a sale of another |! | product, by assigning areas or market shares or |! | imposing on other similar abuses.
(c) predatory, or competitive practices |! | unfair, carried out in order to achieve, maintain |! | or increase dominant. "."
(4) replace the article 4th, by the following: "article 4.-concessions, not may confer |! |" authorizations, or acts involving grant |! | monopolies for the exercise of economic activities, |! | unless authorized by the law. "."
(5) repeal the articles 5 and 6.
(6) replace the title II, with the following: "title II of the Court's defense of free competition 1." Its organization and operation.
Article 7.-the Court of Defense free |! | Competition is a court special e |! | independent, subject to the directive Superintendent, |! | correctional and economic of the Supreme Court, whose |! | function will be to prevent, correct and punish the |! | attacks to free competition.
Article 8.-the Court of Defense free |! | Competition will be made up of people who are |! | a lawyer, who will preside, designated (indican a continuación: a) by the |! | President of the Republic from a list of five |! | candidates made by Supreme Court |! | public tender of a history. Only eligible |! | in the competition who have an outstanding activity |! | Professional or academic specializing in matters of |! | free competition or in commercial or economic law and |! | proof of at least 10 years of professional practice.
(b) four expert academics in |! | matters of free competition, two of which should be |! | be lawyers and two graduates or post grades in |! | Economic Sciences. Two members, one from each area |! | Professional, shall be appointed by the Board of the Bank |! | Central prior public tender of a history. The |! | two other members, also one of each area |! | Professional, will be appointed by the President of the |! | Republic, from two payrolls of three applicants, |! | one for each designation, made by Council |! | of the Central Bank, also through public tender of |! | background.
The Court will have four deputies, two of the |! | which must be lawyers and two graduates or post |! | degrees in economics.
The Council of the Central Bank and the President of the |! | Republic, in its case, shall designate each two |! | alternate members, one by each professional area, |! | respectively, in accordance with the designated procedure in |! | previous (la letra b), for which you can |! | consider the same payroll and planned competitions for |! | the appointment of holders.
(The competitions referred to in letters a) and b) |! | above, shall be based on objective conditions, |! | public, transparent and non-discriminatory, |! | established, respectively, by an agreed order |! | of the Supreme Court and the Board of the Bank agreement |! | Central.
In case of absence or impediment of the President |! | This will be held under the chairmanship of one of the Court, |! | the remaining members according to the order |! | precedence is established, by agreed order |! | of the Court. Also, by that means, is determined the |! | order in which the alternates replaced to the |! | titular members.
The appointment of the members of the Court of |! | Free competition will be effective by the |! | President of the Republic by Supreme Decree of the |! | Ministry of economy, development and reconstruction |! | signed, moreover, by the Minister of finance.
Is incompatible to the post of titular member of the |! | Court with the status of public official, as |! | also with the administrator, Manager or employee |! | dependent companies opened or subjected |! | the rules of these societies, as also their |! | parent, subsidiaries, coligantes or joint ventures. People |! | at the time of their appointment hold any of |! | These conditions, should be waived.
Notwithstanding the provisions in the preceding subparagraphs, |! | the performance as a member of the Court will be |! | compatible with the teaching positions.
Article 9.-prior to assuming their functions the |! | members of the Court of Defense free |! | Competition will give oath or promise to save the |! | Constitution and the laws of the Republic, before the |! | President of the Court, and act as a Minister of faith the |! | Secretary of the Court. At the same time, the President will do so |! | to the oldest Minister, according to the order of its |! | appointments, and act the Secretary of Minister of faith |! | of the Court. Finally, the Secretary and the rapporteurs |! | They shall take his oath or affirmation before the President.
Holders members and alternate members of the Court |! | in defense of free competition will remain six |! | years in office, and may be appointed by new |! | successive periods, according to the designated procedure |! | in the previous article. However, the Court is |! | It will renew partially every two years.
The Court shall have the treatment of "Honorable", and |! | each of its members, the "Minister".
Article 10.-The Court of Defense free |! | Competition will be based in Santiago.
Article 11.-The Court will work on form |! | permanent and fixed their days and hours of session. In |! | Anyway, should be meeting in room legally |! | established for the resolution of the causes, like |! | at least two days a week.
The quorum for the transaction of business shall be at least three |! | Members, and the agreements shall be adopted by simple |! | most, being resolved the vote of who chair in case of |! | tie. Otherwise will be provisions in the |! | Paragraph 2 of title V of the organic code of |! | Courts, as may be applicable.
Article 12.-The monthly remuneration of the |! | titular members of the Court shall be the sum of |! | Eighty monthly tax units. They will receive, |! | In addition, monthly the sum of ten units |! | tax per month for each session you attend, |! | In addition to the mandatory set out in subsection |! | first of the previous article. In any case, the sum |! | total that can be levied every month shall not exceed the |! | hundred and twenty monthly tax units. The |! | Members alternates, if any, will receive the sum of |! | ten monthly tax units for each session to the |! | attending in which the holder does not concur |! | corresponding to a maximum of forty units |! | tax monthly, either that is the number of |! | sessions you have attended.
Article 13.-The members of the Tribunal may |! | lose their competence to know certain business |! | by implication or objection declared, under |! | the grounds referred to in the articles 195 and 196 of the |! | Organic Code of courts.
In any case, it is presumed of law that the Minister |! | will also be disabled when interest in that |! | cause is your spouse or relatives up to the |! | third degree of consanguinity or second of affinity; o |!| people who are linked to him by ties of |! | adoption, or companies in which these same |! | people are its legal representatives, Trustees, |! | Directors, managers or perform other charges |! | managers, or have directly or through others |! | natural or legal persons a percentage of the |! | society that allows them to participate in the Administration |! | , or choose or have to choose one or more of its |! | Administrators.
The grounds invoked may be accepted by the |! | affected Member. Otherwise, it will be failed from |! | level by the Court, with the exception of one, |! | applying a fine to tax benefit of up to twenty |! | monthly tax units to the incidentista, if the |! | implication or recusal is refused by |! | unanimity.
In the absence or inability of some of the members |! | headlines, it will be replaced preferably by the |! | alternate corresponding of the same professional area.
If by any impediment, the Court lacked |! | headlines members or alternate members to form a quorum, |! | will proceed with its subrogation by Ministers of the Court |! | of appeals of Santiago, according to the provisions in |! | the organic code of courts.
The members of the Court shall apply them the |! | articles 319-331 of the organic code of courts, |! | with the exception of the provisions of article 322.
Article 14.-The members of the Court of Defense |! | Free competition shall cease to hold office by the |! | (following causes: to) end of the legal period of their appointment;
(c) dismissal by remarkable abandonment of duties;
(d) impending failure. Is understood as such, |! | that prevents the Member from exercising office by a |! | period of three consecutive months or six months in a |! | year.
(Las medidas de las letras c) and d) record is |! | they will be effective by the Supreme Court, at the request of the |! | President of the Court or of two of its members, without |! | prejudice to the disciplinary powers of the Court |! | Supreme.
Resolution that makes effective the dismissal |! | You must indicate the facts in that melts and the |! | background taken in view to accredit them.
Produced the cessation in the charge, if the time |! | restare le is superior to one hundred and eighty days shall |! | proceed to the appointment of the replacement of |! | According to the rules established in article 8 |! | of this law. ((En el caso de las letras b), c) and (d)) |! | precedents, the replacement will last in office the |! | time that restare of the respective period.
Article 15.-The plant of the Court's defence of |! | Free competition will be as follows: charges degrees numbers Secretary Attorney 4 1 rapporteur lawyer 5° 1 rapporteur lawyer 6° 1 University professional of the economic sphere 5 ° 1 University professional economic field 6 ° 1 Head Office of budget 14 ° 1 official first courtroom officer 1 16 ° 17 ° 1 auxiliary 20° 1 Total plant 9 Additionally, you may hire personal in |! | temporarily, when the needs of the Tribunal |! | so require, previous visa of the address of |! | Budgets.
The staff of the Court shall be governed by the |! | common labor law. Yet, will have the same regimen |! | remuneratorio dedication and incompatibilities of the |! | staff of the national economic Prosecutor. |!| Without prejudice to the provisions of the preceding paragraph, |! | staff who provide services for the Tribunal, |! | you will have the character of a public employee, for the purposes |! | administrative probity and accountability |! | criminal.
The Attorney Secretary shall be the administrative head and |! | the direct authority of the staff, without prejudice of |! | other functions and specific responsibilities assigned |! | or delegated to the Tribunal.
The Court shall issue a rules based |! | Secretary attorney will qualify which annually to the |! | staff. Against that qualification, be |! | Appeal appeal to the Court within the time |! | five working days from the notification of |! | the qualification.
Article 16.-The appointment of officials |! | will be made by the Court, prior background contest |! | or any opposition.
The President of the Court shall forward the |! | appointments by resolution that will send to the |! | Comptroller General of the Republic for the sole purpose |! | for your registration. In the same way will proceed with |! | all resolutions related to the staff.
Article 17.-without prejudice to the provisions in the |! | common labour law standards, officials than |! | they commit in breach of their duties and |! | obligations may be sanctioned by the Court with |! | any of the following disciplinary measures: |! | reprimand, censure in writing, fine of up to one month |! | salary, and suspension of employment up to a month without |! | enjoyment of remuneration.
Sanctions should be agreed by the majority |! | the Ministers attending the session.
Article 17 A.-in case of absence or impediment, |! | the Secretary shall be subrogated by the Rapporteur of greater |! | grade and, in the absence of this, the Rapporteur by having the |! | immediately below that post. The surrogate |! | It will provide the same oath that the Secretary for the |! | performance of this role, the President of the |! | Court.
Article 17 B-Sector budget law |! | Public should be consulted annually, on an aggregate basis, |! | the necessary resources for the functioning of the |! | Court's defense of free competition. For these |! | effects, the President of the Court shall communicate to the |! | Minister of finance budgetary needs |! | within the time limits and according to the modalities |! | established for the public sector.
The Court will maintain a checking account |! | his name against which will rotate along the |! | President and Secretary.
In the first half of the month of January of each |! | year, the President and the Attorney of the Court Secretary |! | in defense of free competition will present accountability |! | account of expenses before the Court.
In the field of financial information, |! | budget and accounting, the Court shall be governed by the |! | provisions of the Financial Administration Act of the |! | State.
The fiscal contribution corresponding to the Court will be |! | sanctioned by resolution of the address of |! | Budgets.
2. of the powers and procedures article 17 C-the Court of Defense free |! | Competition shall have the following functions and |! | (deberes: 1) meet, at the request of party or the Prosecutor |! | National economic situations that could |! | constitute violations of this law;
(2) meet, at the request of whoever has interest |! | legitimate, or of the national economic Prosecutor, Affairs |! | non-contentious character that may infringe the |! | provisions of the law, on facts, acts or |! | existing contracts, as well as those who submitted |! | those who intend to start or hold them, for thing |! | which, in both cases, you can set conditions that |! | they must be fulfilled in these facts, acts or |! | contracts;
(3) issue general instructions of |! | According to the law, which must be deemed |! | the acts or contracts to private |! | executed or held and which have relationship with the free |! | competition or may threaten it;
(4) to propose to the President of the Republic, through |! | the Minister of State, corresponding modification |! | or repeal of the statutory and regulatory precepts |! | which it deems contrary to free competition, as |! | also the enactment of legal provisions or |! | regulatory where they are necessary to promote the |! | competition or regulate the exercise of certain |! | economic activities provided in conditions not |! | competitive; and (5) other pointing her laws.
Article 17 D-knowledge and judgment of the |! | the article (causas a que se refiere el número 1) |! | earlier, will undergo the procedure regulated in the |! | following items.
Article 17 E.-the procedure will be written, |! | except for the view of the cause, public and driven of |! | ex officio by the Court until its final resolution.
The parties must appear represented in the |! | as provided in article 1 of law No. 18.120, |! | on appearance at trial.
The procedure can be started upon request |! | the national economic Prosecutor or by demand of a |! | particular, that should be put into immediate |! | knowledge of the Prosecutor's Office. Supported the requirement or |! | the demand to handling, transfer, shall vest to |! | those who affect, to answer within the time limit of |! | fifteen working days or greater than the Court term |! | point, that does not exceed thirty days.
The actions referred to in this Act, prescribe |! | within the period of two years, from execution of |! | the attempted conduct of free competition that |! | they were founded. This prescription is interrupted by |! | requirement of the national economic Prosecutor or demand of |! | some particular, submitted to the Court.
In addition, the measures to be determined for |! | prevent, correct or punish an attack on the free |! | competition, they prescribe in two years, counted from that |! | the final sentence that is firm the |! | enforce. This prescription is interrupted by acts |! | precautionary or compulsive Court, Prosecutor |! | National economic or of the particular claimant.
The prescription of actions and measures |! | determined to prevent, correct or punish a |! | attempt to free competition, are not suspended in favour |! | of any person.
Without prejudice to the General provisions, the |! | civil actions related to an attack on the free |! | competition prescribed within the period of four years, |! | counted since the judgment is enforceable |! | final.
Article 17 F-notification of the requirement or |! | demand, with its respective resolution, will be |! | personally practiced by a Minister of faith |! | delivering a full copy of the resolution and of the |! | a history that motivates it. The Court may order |! | that only a summary of these documents is delivered.
Other resolutions will be notified by letter |! | certified sent to the domicile of the person to whom |! | be notified, except that parts of common agreement |! | fix other safe means to practice the |! | notification of such resolutions. In the event that |! | opt for electronic media, the notification shall |! | subscribe through advanced electronic signature. The |! | resolutions received the cause to test the |! | final judgments must notify, in everything |! | case, personally or by order.
The notification means practiced by letter |! | certified, the fifth working day from the date |! | reception of it by the respective service of |! | post.
They will have the character of Minister of faith for the |! | practice of the proceedings provided for in this title, |! | In addition of the Secretary Attorney of the Court, persons |! | to who the President appointed to perform that |! | function.
Article 17 g.-established period expires in the |! | Article 17 E, is that it has been evacuated or not the |! | transfer by interested parties, the Tribunal may call to |! | the parties to conciliation. Not deemed pertinent |! | or having failed that process, you will receive the cause to |! | test for a fatal and common term of twenty days |! | working. Agreed to a conciliation, the Tribunal is |! | It shall act on it giving its approval, always |! | that no violation of free competition. Against |! | the resolution approved a reconciliation can |! | be inferred by persons authorized to litigate that not |! | they have been part of it, the remedy of complaint to |! | that concerns article 17 L.
Be admissible means of proof indicated in |! | Article 341 of the code of Civil procedure and all |! | indication or history that, as the Court, |! | suitable to establish the relevant facts. The Tribunal |! | You can order, at any stage of the cause and even |! | After his sight when it is indispensable for |! | clarify those facts that still seem obscure and |! | dubious practice of evidentiary proceedings than |! | as it deems appropriate.
Parties wishing to render testimony |! | they must submit a list of witnesses within the |! | fifth business day after which the resolution |! | receive the cause to test is enforceable.
Proceedings to which the inspection result |! | staff of the Court, the acquittal of positions or the |! | reception of the testimonial evidence, will be practiced |! | before the member designated by the Court in each case.
The evidentiary proceedings which have de |! | performed outside the territory of the Region |! | Metropolitan Santiago, may be driven to |! | through the corresponding judge of letters, ensuring |! | his faithfulness and fast delivery by any means |! | ideal. Other actions will be practiced through |! | official plant of the court designated to the |! | effect.
The Court will appreciate the test according to the |! | rules of healthy criticism.
Article 17 H-defeated the probationary term, |! | Court thus will it and will order bring cars in |! | relationship, setting date and time for the view. The Tribunal |! | You must hear the lawyers of the parties allegations when |! | any of these requests it.
Article 17 i.-accessory issues to the topic |! | principal, except as provided in the following article, |! | they will be resolved drawing, can the court allow his |! | for final resolution.
Article 17 J.-the Court, ex officio or upon request |! | part, may impose at any stage of the trial |! | or before their initiation, and by the time deemed |! | convenient, all the precautionary measures to be |! | necessary to prevent the negative effects of the |! | behavior subjected to their knowledge and to protect |! | the common interest. These measures will be enacted with |! | citation, and in case of generating incident, this is |! | will carry out in accordance with the General rules and by |! | separate rope.
Enacted measures will be essentially |! | provisional and may be modified or rescind |! | in any State of the cause. To order them, the |! | applicant must accompany a history which constitute |! | at the very least serious presumption of the right which is claimed or |! | of the facts alleged. The Court, when deemed |! | necessary, may require caution the particular actor for |! | respond for the damages caused.
The resolution to grant or deny a measure |! | precautionary measures shall be notified by registered letter, unless |! | that ordered by the Court, for well-founded reasons, which are |! | report by card. Where the measure has been |! | prejudicialmente, granted the Prosecutor or the applicant |! | You must formalize the requirement or demand in the |! | period of twenty working days or in the term greater than |! | attach the Court counted from notification of |! | that one. Otherwise, void of full |! | right.
However, the measures may be put into effect |! | before notifying the person against whom dictate |! | whenever there are serious reasons for this and the |! | Court thus enjoin it. In this case, after |! | five days without making the notification, shall be |! | worthless errands them practiced. The Court may |! | extend this period by probable cause.
Without prejudice to the provisions of subparagraphs |! | precedents, not govern regarding measures |! | preliminary ruling and safety precautions that it is handed down the Court thing |! | laid down in titles IV and V of book II of the |! | Code of Civil procedure, except as provided in the |! | articles 273, 274, 275, 276, 277, 278, 284, 285, 286, |! | 294, 296 and 297 of the legal body, as soon as |! | they are applicable.
Article 17 k.-the final sentence will be |! | founded, and must state the foundations's statement |! | right and economic pursuant to which are |! | pronounced. She will be express mention of the |! | Fundamentals of minority votes, if any.
This sentence shall be given within the term of |! | forty-five days, counted from that process are |! | finding fault status.
In the final sentence, the Court may |! | (adoptar las siguientes medidas: a) modify or terminate acts, |! | contracts, agreements, systems or agreements which are |! | contrary to the provisions of this law;
b) order the modification or dissolution of the |! | companies, corporations and other legal persons of |! | private law who been involved in acts, |! | contracts, agreements, systems, or agreements to be |! | referred earlier;
(c) apply fines to be even a |! | amount equivalent to twenty thousand tax units |! | annual. Fines may be imposed on the person |! | legal for its directors, |! | Administrators and anyone who has intervened in |! | the realization of the respective Act. In the case of the |! | fines applied to legal persons, will respond |! | jointly and severally liable for payment of the same directors, |! | Administrators and those who are have |! | benefited from the respective Act, provided that they have |! | participated in the realization of it.
For the determination of the fines is |! | be considered, among others, the following |! | circumstances: the economic benefit obtained with |! | reason of the offence, the seriousness of the conduct and the |! | quality of recidivist of the offender.
Article 17 L-sharp resolutions by |! | the Court of the free competition, except the |! | final judgment, will be open to the appeal of |! | replacement, which may be incidental handling or |! | be solved in drawing.
Will only be susceptible of remedy of complaint, |! | for before the Supreme Court, the final sentence than |! | impose any of the measures referred to in the |! | Article 17 K, as well as the court-martial of the |! | implementation of these measures. This resource should be |! | founded and may bring him the national prosecutor |! | Economic or any of the parties, the Tribunal |! | in defense of free competition, within the period of |! | ten business days, counted from the respective |! | notification. This term will be expanded with the increase that |! | corresponds to the place where he has his domicile the |! | concerned, where this is different to the headquarters of the |! | Court, in accordance with the table concerning |! | Article 259 of the code of Civil procedure.
Is not to follow the resource interposed |! | required the attendance of the parties. The resource is |! | you will know in preference to other issues, and will not proceed |! | the suspension of the hearing of the cause on the ground |! | established in number 5 of article 165 of the code de |! | Civil procedure.
The filing of the appeal does not suspend the |! | enforcement of the judgment, except concerning the payment of |! | penalties, in what will be the provisions of subsection |! | following. However, at the request of part and using |! | founded resolution, the room who know resource |! | may suspend the effects of the judgment, total or |! | partially.
For the appeals of claims, in case |! | has imposed a fine, the sanctioned party |! | It must be given a sum of money equivalent to ten |! | per cent of the decreed fine. However, when |! | is the national economic Prosecutor who brought the |! | resource, are exempt from this requirement.
Article 17 M-the execution of resolutions |! | in virtue of this procedure, |! | It falls directly to the Court's defense of the |! | Free competition which will be, for this purpose, |! | with all the powers of a Court of |! | Justice.
The fines imposed by the Court in defense of |! | Free competition shall be paid within ten |! | working days following the date on which is |! | rendered the respective resolution.
If completed the period affected not defaulting the |! | payment of the fine, the Court shall, ex officio or |! | request part, and without form of trial, press it's the |! | mode set in the article 543 of the code de |! | Civil procedure.
Article 17 N-the standards contained in the books |! | I and II of the code of Civil procedure shall apply |! | addition to the procedure referred to in the |! | preceding articles, on everything that non-|! | incompatible with it.
Article 17 N-action for compensation of |! | damages has place, on the occasion of the enactment |! | by the Court of the free competition of |! | a final judgment rendered, is to be lodged |! | before the competent civil court in accordance to the |! | General rules, and will be processed according to the |! | summary procedure, laid down in Book III of the |! | Title XI of the code of Civil procedure.
The civil court, in deciding on the |! | compensation of damages, established its ruling in the |! | behavior, facts and legal classification of them, |! | laid down in the judgment of the Court of Defense of |! | Free competition, issued on the occasion of the |! | application of this law.
Article 18.-The exercise of the powers to |! | (que se refieren los números 2) and 3) item 17 C, |! | as well as the issuance of reports that are |! | entrusted to the Court pursuant to provisions |! | legal special, will be submitted to the next |! | (procedimiento: 1) the decree ordering the initiation of the |! | procedure will be published in the official journal and at a |! | newspaper of national circulation and will be notified by |! | trade, the economic national prosecutor's office, to the |! | authorities that are directly concerned and to the |! | economic agents who, in the sole judgement of the Court, |! | are related to the matter so that, within a period |! | not less than 15 working days, these and those who |! | they have legitimate interest can provide background.
(2) previous period expires, the Court must |! | quote to a public hearing, which will be a |! | effect within the fatal period of thirty days counted |! | from the notification, to be practiced by a |! | notice published in the official journal, for whom |! | they had provided background can manifest their |! | opinion. If matter it concerns, in particular, a |! | regional situation, the notification also be |! | you will practise with another notice will be published in a |! | local newspaper. The Court contents 14(bis) will provide always the |! | necessary conditions for all participating |! | they may be imposed record.
(3) if the authorities, bodies or persons |! | referred to in the previous numbers not penal in the |! | time limits that the Court set them to the effect, this may |! | dispense with the report.
(4) ex officio or at the request of the person concerned, the |! | Tribunal may collect and receive the background than |! | it deems appropriate.
Resolutions or reports that dictate or emit the |! | Court on the matters referred to in this article, |! | they may be subject to the appeal. The |! | resolutions which set conditions that must be |! | fulfilled in acts or contracts shall also be subject to |! | claim resource.
Article 19.-Acts or contracts executed or |! | concluded in accordance with the decisions of the Court of |! | Defense of free competition, will not lead |! | responsibility in this matter, but in the case |! | that, subsequently, and on the basis of new |! | background, may be qualified as contrary to the |! | free competition by the same court, and this from |! | who is notified or published, in its case, the resolution |! | to make such qualification.
In any case, the Ministers who attended to the |! | decision shall not disabled for new |! | pronouncement. "."
(7) repealed title III, passing the current title |! | IV, to be title III.
(8) replace article 22, by the following: ' article 22.-the national economic Prosecutor may |! | " designate deputy prosecutors to act in any |! | territorial scope when specialty and complexity |! | or urgency of an investigation so requires.
The Deputy Prosecutors shall have the powers to |! | the national prosecutor delegated them. "."
(9) Introducense the following modifications in |! | (el artículo 23: a) in first paragraph: i) delete in the exclusive directors column |! | confidence, the charge of "Economic Regional Prosecutor", and |! | "the respective numbers"4"in the column degrees and |! |" 12 '' in the No. column positions.
(ii) replace the figure "25" first |! | subtotal by the figure "13".
(iii) replaced into the column corresponding to the |! | Number of positions professional grade four figure "2" |! | by "4"; in grade five, the figure "2" by "4"; in |! | grade six, the figure "1" by "4"; to the extent |! | seven, the figure "1" by "3"; in grade eight, the |! | Figure "1" by "2" and the second subtotal the |! | Figure "7" by "17".
iv) created in the column corresponding to |! | supervisors, 9 degree with N ° 1 charges, and |! | replaced by the column corresponding to the N ° de |! | "fiscal charges, grade 10, the figure"1"by |! |" 2 ".
"(v) replaced into the third subtotal the figure |! |" 5 "by"7".
((b) in the second paragraph: i) Suprimense the words "regional prosecutors |! |" Economic"and the phrase" Attorney and a |! | " professional experience minimum 3 years".
"(ii) Reemplazanse the"Professionals"columns and |! |" Other charges", as follows:" professionals: title of lawyer, engineer, |! | " Accountant Auditor or public administrator, granted by |! | a university or State Professional Institute or |! | recognized by this or other professionals |! | with post university degree in economics, de |! | at least two semesters, awarded by universities of the |! | State or recognized by this, including the |! | Foreign universities. In any case, be required |! | always a minimum experience of 3 years. "."
(10) delete the second paragraph of article 26.
(11) Introducense the following modifications in |! | (((el artículo 27: a) replacements in the lyrics to), b) and h) the |! | expressions "of the Resolutive Commission" and "Commission |! |" Problem-solving"by the expressions" of the Court of Defense |! | " of free competition"or" the Court's defense of the |! | " Free competition", or" to the Court's defense of the |! | " Free competition"as appropriate.
((b) in the third paragraph of the letter b) disposed |! | the expression "by the preventive committees and", and |! | replace the expression "economic regional prosecutors |! |" "and the charges by some and others" by |! | " Deputy Prosecutors and of the charges brought by |! | These".
((c) in point (c)) replace the phrase "of the |! |" Commissions"by" of the Court's defense of free |! | " Competition".
((d) in point (d)) replacing the expression "the |! |" Commissions"by" the Court's defense of free |! | " Competition".
((e) in point e) replace the phrase "request |! |" "the resolution Committee and the preventive committees" by |! | " request the Court of Defense free |! | Competition, in cases in which the national prosecutor |! | "Economic does not have the quality of part".
((f) repealed the letter i).
g) Agreganse the following new letters to |! | (continuación de la letra j), passing the current letter k), |! | "(a ser letra ñ), replacing the comma (,) and the conjunction |! |" (y"con que finaliza la actual letra j), by a point and |! | comma (,): "k) call to declare, or ask for declaration by |! |" written, representatives, administrators, advisors |! | and dependent entities or people who could |! | have knowledge of facts, acts or conventions |! | subject of investigations and any other person who |! | any executed and celebrated with them acts and |! | Conventions of any kind, regarding any |! | fact knowledge of which it deems necessary for the |! | performance of its functions;
(l) technical agencies of the State require |! | the reports as it deems necessary and hire the |! | services of experts or technicians;
(m) enter into agreements or memorandum of understanding |! | with agencies or other foreign bodies having |! | intended to promote or defend free competition in |! | economic activities;
n) agree with other utilities and |! | electronic transfer State agencies of |! | information, which does not have the character of secret or |! | reserved according to the law, to facilitate the |! | execution of their duties. Also prior |! | founded the national economic Prosecutor resolution, you can |! | agree the electronic interconnection with agencies or |! | private institutions. In the same way, you can agree |! | This interconnection with foreign agencies u |! | international organizations, which have |! | "concluded agreements or memorandum of understanding, and".
(12) repealed article 28.
(13) replace the second paragraph of the article |! | 29 the expression "commissions" by "the Court of |! |" Defense of free competition".
(14) replaced by article 30 the phrase "the |! |" Prosecutor's office and the preventive committees must be"by" the |! | " Prosecutors must".
(15) Introducense the following modifications to the |! | "(artículo 30 A: a) in the second paragraph replace the expression |! |" the problem-solving Commission"by" the Court of Defense of |! | " Free competition".
"(b) in the third subparagraph, replace the expression |! |" "the preventive committees, the Resolutive Commission" by |! | " the Court's defense of free competition".
(16) replace article 30 B, with the following: "article 30 B-advisers or consultants to |! |" provide services on the basis of fees for the |! | National Economic Prosecutor or the Court of Defense of |! | Free competition, are considered to be included in the |! | Article 260 of the Criminal Code provision. "."
((17) in the letter d) article 30 C, removed the |! | phrase "concerning processed records before the |! |" Commissions and the same Prosecutor, "."
(18) removed the final paragraph of the article 30 C.
(19) repealed the title V.
(20) add the following article 31, new: "article 31-presentations of the |! |" individuals targeting the national economic Prosecutor, |! | You can enter through the Intendencias |! | Regional or respective provincial governorates, |! | When the domicile of the petitioner is flavored |! | located outside the city's seat of this body.
Case presentations which must be inside |! | given time, shall be made from the |! | date of presentation at the respective office or |! | Governorate.
The mayor or Governor, as the case may be, shall |! | designate a Regional Ministerial Secretary, Chief of |! | service or lawyer of his unit, as appropriate, |! | for the reception and broadcast of such communications, |! | within 24 hours of received, to the |! | National Economic Prosecutor. "."