LAW NO. 19.911 CREATES THE COURT OF DEFENSE OF FREE COMPETITION Having present that the H. National Congress has |! |given its approval to the following Bill: " Article first.-Enter the following |! |amendments to the Decree Law No. 211, 1973, which fixed |! |rules for the defense of free competition, whose |! |text recast, coordinated and systematized was |! |established by Supreme Decree No. 511, 1980, |! |of the Ministry of Economy, Development and Reconstruction, and |! |its modifications, in terms that are pointed to |! |continuation: 1) Replace article 1, by the following: " Article 1.-This law has as its object |! |promote and defend free competition in the |! |markets. The attacks against free competition in the |! |economic activities will be corrected, prohibited or |! |repressed in the form and with the penalties provided in |! |this law. "2) Replace article 2, by the following:" Article 2.- It will be up to the Court of Defense |! |of the Free Competition and the National Prosecutor's Office |! | Economic, in the sphere of their respective attributions, |! |to give application to the present law for the safeguard of the |! |free competition in the markets. " 3) Replace article 3, by the following: " Article 3.-The one that executes or celebrates, individual |! |or collectively, any event, act or convention that |! |prevents, restricts or hinders free competition, or |! |which store to produce such effects, will be sanctioned |! |with the measures outlined in article 17 K of the |! |present law, without damage to the corrective measures or |! |prohibitive measures regarding such acts, acts or |! |conventions may be available in each case. They shall be considered, inter alia, as facts, acts or |! |conventions which prevent, restrict or impede the |! |free competition, the following: (a) express or tacit agreements between agents |! |economic, or concerted practices between them, which |! |aim to fix sales or purchase prices, |! |limit the production or assign zones or quotas of |! |market, abusing the power that such agreements or |! |practices confide. b) The abusive exploitation by a company, |! |or set of companies that have a common controller, |! |of a dominant position in the market, pricing |! |buy or sell, imposing on a sale the other |! |product, assigning market areas or quotas or |! |imposing other similar abuses. (c) predatory practices, or of competition |! |unfair, carried out in order to achieve, maintain |! |or increase a dominant position. "4) Replace Article 4, by the following:" Article 4.-No concessions may be granted, |! |authorizations, or acts which involve granting |! |monopolies for the pursuit of economic activities, |! |except as authorized by law. "5.) Repeal Articles 5 and 6. 6) Replace Title II, by the following:" TITLE II Of The Court Of Justice Defense of Free Competition 1. Of its organisation and operation. Article 7.-The Tribunal de Defensa de la Libre |! | Competition is a special court and |! |independent, subject to the superintendence of the Supreme Court directive, |! |correctional and economic, whose |! |function will be to prevent, correct and sanction the |! |attacks on free competition. Article 8.-The Tribunal of Defense of the Free |! | Competition will be composed of the persons who are |! |indicate below: a) A lawyer, who will preside, appointed by him |! | President of the Republic of a payroll of five |! |applicants made by the Supreme Court by means of |! |public contest of antecedents. They will only be able to participate |! |in the contest who have a prominent activity |! |professional or academic specialized in matters of |! |free competition or in Commercial or Economic Law, and |! |credit at least 10 years of professional exercise. b) Four expert university professionals in |! |free competition subjects, two of which must |! |be lawyers and two graduates or with post degrees in |! |economic sciences. Two members, one of each area |! |professional, will be appointed by the Bank Council |! | Central previous public contest. The |! |other two members, also one of each area |! |professional, will be appointed by the President of the |! | Republic, from two payslips of three postulants, |! |one for each designation, made by the Council |! |of the Central Bank, also by public contest of |! |antecedents. The Tribunal will have four alternates, two of the |! |which must be lawyers and two graduates or with post |! |degrees in economic sciences. The Council of the Central Bank and the President of the |! | Republic, if any, shall each appoint two alternate members, one for each professional area, |! |respectively, in accordance with the procedure laid down in |! |the preceding letter (b), for the purposes of which will be |! |consider the same payslips and contests planned for |! |the appointment of the holders. The contests mentioned in (a) and (b) |! Precedents must be founded on objective conditions, |! |public, transparent and non-discriminatory, |! |established, respectively, by an agreed order |! |of the Supreme Court and an agreement of the Board of the Bank |! | Central. In case of absence or impediment of the President |! |of the Court, this will be held under the chairmanship of one |! |of the remaining members holders according to the order |! |of precedence to be established, by order agreed |! |of the Court. Also, by this means, the |! |order will be determined in which the substitutes will replace the |! |members holders. The appointment of the members of the Court of |! | Defense of Free Competition will be made effective by the |! | President of the Republic by supreme decree of the |! | Ministry of Economy, Development and Reconstruction |! Minister of Finance. It is incompatible the position of member of the |! | Tribunal with the status of public official, as |! |also with that of administrator, manager or worker |! |dependent of anonymous societies open or submitted |! |to the rules of these companies, as well as their |! |matrices, subsidiaries, coligants or coligadas. The persons |! |that at the time of their appointment they have any of |! |such conditions, they shall renounce it. Notwithstanding the foregoing, |! |the performance as a member of the Tribunal will be |! |compatible with the teaching posts. Article 9º.-Before assuming their duties the |! |members of the Tribunal of Defense of the Free |! | Competition will take oath or promise to keep the |! | Constitution and the laws of the Republic, before the |! | President of the Tribunal, and will act of Minister of faith the |! | Registrar of the Tribunal. In turn, the President will do it |! |before the oldest Minister, according to the order of his |! |appointments, and act of minister of faith the Secretary |! |of the Court. Finally, the Secretary and the rapporteurs |! |will lend their oath or promise to the President. The members and alternate members of the Tribunal |! |of Defense of the Free Competition will remain six |! |years in their positions, being able to be appointed by new |! |successive periods, according to the procedure indicated |! |in the previous article. However, the Court will be |! |will be partially renewed every two years. The Tribunal will have the treatment of "Honorable", and |! |each of its members, the "Minister". Article 10.-The Tribunal de Defensa de la Libre |! | Competition will be based in Santiago. Article 11.-The Tribunal will operate in a manner |! |permanent and will fix its days and session times. In |! |all case, you will have to sessionar in room legally |! |constituted for the resolution of the causes, as |! |minimum two days a week. The quorum for sesionar will be at least three |! |members, and the agreements will be adopted by simple |! |majority, leading the vote of who will be in case of |! |tie. In other words, the |! | Paragraph 2 of Title V of the Organic Code of |! | Courts, as applicable, will be available. Article 12.-The monthly remuneration of the following members of the Court shall be the sum of |! |eighty monthly tax units. They will receive, |! additionally, monthly the sum of ten units |! |monthly taxes for each session they attend, |! |additional to the mandatory ones set forth in the paragraph |! |first from the previous article. In any case, the total |! |total that they will be able to perceive monthly will not exceed the |!% twenty monthly tax units. The |! |alternate members, if any, will receive the sum of |! |ten monthly tax units for each session to the |! |that attend in which the holder does not attend |! |corresponding, with a maximum of forty units |! |monthly taxes, whatever the number of |! |sessions you have attended. Article 13.-Members of the Court may |! |lose their competence to know certain businesses |! |by implication or recusal declared, under |! |the causal cases referred to in Articles 195 and 196 of the |! | Organic Code of Courts. In any case, it is presumed right that the Minister |! |will also be disabled when the interest in that |! |cause is from his spouse or his relatives up to the |! |third degree of consanguinity or second affinity; or |! |of persons who are linked to the same by links of |! |adoption, or of the companies in which they are themselves |! |persons be their legal representatives, presidents, |! |directors, managers or perform other charges |! |managers, or hold directly or through others |! |natural or legal persons a percentage of the |! |society that allows them to participate in the administration |! |of it, or choose or make choose one or more of its |! |administrators. The causal claim It will be accepted by the |! |member affected. If not, it will be false of |! |plane by the Court, excluding that, |! |applying a fine for tax benefit up to twenty |! |monthly tax units to the incidental, if the |! |implication or recusal is dismissed by |! |unanimity. In the absence or inability of any of the members |! |holders, it will be replaced preferably by the |! |alternate corresponding from the same professional area. If for any impediment, the Tribunal does not |! |members or alternates to form a quorum, |! |will proceed to 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 Tribunal shall be applied to them |! |articles 319 to 331 of the Organic Code of Courts, |! |with the exception of the provisions of Article 322. Article 14.-Members of the Court of Defense |! |of the Free Competition shall cease in their duties by the |! |following causes: (a) Term of the legal period of their designation; (b) Resignation; (c) Dismissal for notable abandonment of duties; (d) Overbearing capacity. It is understood by such, |! |that which prevents the member from exercising the charge for a |! |period of three consecutive months or six months in a |! |year. The measures of the letters c) and d) precedents are |! |will be effective by the Supreme Court, at the request of the |! | President of the Court or two of its members, without |! |prejudice to the disciplinary powers of the Court |! | Supreme. The resolution that makes the removal effective |! |must point out the facts in which it is founded and the |! |background held in view to credit them. Produced the cessation in office, if the time that |! |le restare is greater than one hundred and eighty days shall |! |proceed to the appointment of the replacement of |! |conformity to the rules set forth in article 8 |! |of this law. In the case of the letters b), c) and d) |! |precedents, the replacement will last in the |! |time that will subtract from the respective period. Article 15.-The Plant of the Court of Defense of |! |the Free Competition will be as follows: Charges Degrees Numbers Attorney 4 ° 1 Rapporteur Advocate 5 ° 1 Rapporteur Advocate 6 ° 1 Professional University of the Economic Scope 5 ° 1 Professional University of the economic field 6 ° 1 Head Office of Budget 14 ° 1 Official first 16 ° 1 Room officer 17 ° 1 Auxiliary 20 ° 1 Total plant 9 Additionally, staff may be hired in |! |transitional form, when the needs of the Court |! |so require, prior to the management of the |! | Budget. The plant staff of the Tribunal will be governed by the |! common labor law. However, it will have the same regime |! |remuneration of dedication and incompatibilities of the |! |plant personnel of the Economic National Prosecutor's Office. |! | Without prejudice to the foregoing paragraph, |! |the staff providing services for the Tribunal, |! |will have the character of public employee, for the purposes |! |of administrative probity and responsibility |! |criminal. The Secretary Advocate shall be the administrative head and |! |the direct authority of the staff, without prejudice to |! |other specific functions and attributions assigned to him |! |or delegate the Tribunal. The court will dictate an internal rules based |! |which the Secretary Advocate will annually qualify the |! |staff. Against such qualification, it will be |! |appeal to the Court within the deadline |! |of five working days counted from the notification of |! |the qualification. Article 16.-The appointment of the officials |! |shall be made by the Tribunal, prior to the contest of antecedents |! |or of opposition. The President of the Court will pursue the |! |appointments by resolution that will send to the |! | Comptroller General of the Republic for the only effect |! |of your registration. In the same way we will proceed with |! |all the resolutions related to the staff. Article 17.-Without prejudice to the provisions of the |! |rules of common employment law, officials who |! |incur in breach of their duties and |! |obligations may be sanctioned by the Court with |! |any of the following measures disciplinary: |! |admonition, written censorship, fine of up to one month |! |salary, and suspension of employment for up to one month without |! |enjoyment of remuneration. The sanctions will have to be agreed by the majority |! |of the ministers attending the session. Article 17 A.-In case of absence or impediment, |! |the Secretary shall be subrogated by the Rapporteur of greater |! |degree and, in the absence of this, by the Rapporteur who has the |! |charge immediately inferior to that. The surrogacy |! |will take the same oath as the Secretary for the |! |performance of this charge, before the President of the |! | Tribunal. Article 17 B.-The Sector Budget Law |! | Public will have to consult annually, in a global way, |! |the resources necessary for the operation of the |! | Tribunal of Defense of the Free Competition. For these |! |effects, the President of this Court will communicate to the |! | Minister of Finance your budgetary needs |! |within the deadlines and according to the modalities |! |established for the public sector. The Court will maintain a bank account |! |to its name against which they will jointly rotate the |! | President and the Secretary. In the first fortnight of the month of January each |! |year, the President and the Registrar Advocate of the Court |! |of Defense of the Free Competition will present surrender |! |of account of expenses before the Court. In terms of financial information, |! |budget and accounting, the Court will be governed by the |! |provisions of the Financial Management Act of the |! | State. The tax contribution corresponding to the Court will be |! |sanctioned by resolution of the Directorate of |! | Budgets. 2. Of the privileges and procedures Article 17 C.-The Tribunal of Defense of the Free |! | Competition will have the following attributions and |! |duties: 1) Know, at the request of a party or of the Prosecutor |! | National Economic, the situations that may be |! |constitute violations of this law; 2) Know, at the request of the person who has interest |! |legitimate, or of the National Economic Prosecutor, the cases |! non-contentious character that may infringe the |! |provisions of this law, on facts, acts or |! |existing contracts, as well as those that present you |! |those who intend to execute or celebrate them, for the |! |which, in both cases, may fix the conditions which |! |must be fulfilled in such acts, acts or |! |contracts; 3) Dictate general instructions of |! |compliance with the law, which must be considered |! |by the individuals in the acts or contracts that |! |execute or celebrate and have relationship with the free |! |competition or 4) Propose to the President of the Republic, through |! |of the Minister of State corresponding, the modification |! |or repeal of the legal and regulatory precepts |! |that it considers contrary to the free competition, as |! |also the dictation of legal precepts or |! |regulations when necessary to encourage the |! |competition or regulate the exercise of certain |! |economic activities that are provided in conditions not |! |competitives; and 5) Others that point to the laws. Article 17 D.-The knowledge and failure of the |! |causes referred to in Article |! |above shall be subject to the regulated procedure in the |! |following articles. Article 17 E.-The procedure will be written, |! |except the view of the cause, public and driven of |! |officio by the Court until its final resolution. The parties shall be represented in the |! |form provided for in Article 1 of Law No 18.120, |! |on trial. The procedure may be initiated by request |! |of the National Economic Prosecutor or by demand of some |! |particular, which must be immediately put |! |knowledge of the Prosecutor's Office. Admitted the requirement or |! |the request to be processed, will be transferred, to |! |those who affect, to answer within the deadline of |! |fifteen working days or the term greater than the Tribunal |! |point, that it will not be able to exceed thirty days. The actions referred to in this law, prescribed |! |within two years, counted since the execution of |! |the atentatory conduct of free competition in which |! |are founded. This prescription is interrupted by |! |requirement of the National Economic Prosecutor or demand of |! |some particular, formulated before the Court. Also, measures to be determined for |! |prevent, correct or sanction an attack on the free |! |competition, prescribe in two years, counted since |! |find firm the definitive sentence that the |! |impose. This prescription is interrupted by acts |! |injunctions or compulsives of the Court, of the Prosecutor |! | National Economic or of the particular plaintiff. The prescription of actions and measures |! |that are determined to prevent, correct or sanction a |! |attack on free competition, do not suspend in favor |! |of any person. Without prejudice to the general provisions, the |! |civil actions arising from an attack on the free |! |competition prescribe within four years, |! |counted since the sentence is executed |! |definitive. Article 17 F.-Notification of the requirement or |! |of the claim, with their respective resolution, will be |! |personally practiced by a minister of faith, |! |giving full copy of the resolution and of the |! |background that motivate it. The Tribunal may dispose |! |that only an extract of these documents is given. The other resolutions will be notified by letter |! |certified sent to the address of the person to whom |! |must be notified, except that the parties of common agreement |! |set other med They are safe to practice the |! |notification of such resolutions. In the event that |! |opt by electronic means, the notification must |! |subscribe by advanced electronic signature. The |! |resolutions that receive the cause to the test and the |! |final statements must be reported, in all |! |case, personally or by cedula. The notification by letter |! |certified, the fifth working day counted from the date |! |of receipt of the same by the respective service of |! |mail. They will have the character of minister of faith for the |! |practice of the proceedings provided for in this Title, |! |in addition to the Registrar Advocate of the Court, persons |! |whom the President designate to perform that |! |function. Article 17 G.-Due to the deadline set in the |! |article 17 E, whether it has been evacuated or not the |! |transfer by the interested parties, the Tribunal may call a |! |the parties to conciliation. If not considered relevant |! |or having failed such a procedure, you will receive the cause to |! |proof for a fatal and common term of twenty days |! |skilful. Agreed a conciliation, the Tribunal will be |! |will rule on it giving it its approval, always |! |it not atent against free competition. Against |! |the resolution that approves a reconciliation may |! |be deducted, by persons admitted to litigate that no |! |have been part in it, the resource of claim to |! |referred to in article 17 L. The means of proof shall be admissible indicated in |! |article 341 of the Code of Civil Procedure and all |! |indicia or antecedent which, in concept of the Tribunal, is |! |apt to establish the relevant facts. The Court |! |may decree, in any state of the cause and still |! |after its hearing, when it proves indispensable for |! |clarify those facts that still appear obscure and |! |dubious the practice of the probative measures that |! |estime suitable. Parties who wish to render testimonial |! |must present a list of witnesses within the |! |fifth business day counted since the resolution that |! |receives the cause to the test is executed. The proceedings to which the inspection is conducted |! |staff of the Tribunal, the acquittal of positions or the |! |receipt of the testimonial test, shall be practiced |! |before the member that the Tribunal designates in each case. The evidentiary performances that have to |! |practice outside the territory of the Region |! | Metropolitan of Santiago, can be conducted to |! |through the corresponding judge of letters, guaranteeing |! |their fidelity and quick expedition by any medium |! |ideal. The other performances will be practiced through |! |of the plant official of the Tribunal that is designated to the |! |effect. The Tribunal will appreciate the test according to the |! |rules of sound criticism. Article 17 H.-Overdue the probative term, the |! | Court will declare it and order to bring the cars in |! |relationship, fixing day and hour for the view. The Court |! |must hear pleadings from the lawyers of the parties when |! |any of these so request. Article 17 I.-The ancillary issues to the case |! |principal, except as provided in the following article, |! |shall be settled out of hand, may the Court leave its |! |resolution for final. Article 17 J.-The Tribunal, on its own initiative or at the request |! |party, may decree in any state of the judgment |! |or before its initiation, and for the period it considers |! |expedient, all precautionary measures that are |! |necessary to prevent the negative effects of the |! |behaviors subjected to their knowledge and to protect |! |the common interest. These measures will be decreed with |! |citation, and in case of incident, this will be |! |will be processed in accordance with the general rules and by |! |separate string. The decretted measures will essentially be |! |provisional and may be modified or left without effect |! |in any state of the cause. To decrease them, the |! |applicant must accompany a background that they constitute |! |at least a serious presumption of the right that is claimed or |! |of the facts denounced. The Tribunal, when it considers it |! |necessary, may require caution to the particular actor to |! |respond to the damages that originate. The resolution granting or denying a measure |! |precautionary will be notified by registered letter, unless |! |that the Tribunal, for reasons founded, order that it be |! |notify by cedula. In case the measure is |! |granted, the Prosecutor or the applicant |! |must formalize the requirement or the demand in the |! |term of twenty working days or in the term greater than |! |the Court, counted from the notification of |! |that. Otherwise, it will be without full effect |! |right. However, the measures may take effect |! |before notifying the person against whom they are issued |! |whenever there are serious grounds for it and the |! | Court will order it. In this case, after a period of five days without the notification being made, the proceedings will be |! The Court may |! |extend this period for a well-founded reason. Without prejudice to the provisions of the foregoing |! Precedents, it shall not be governed by the measures |! |prejudice and precautious that the Tribunal dictates that |! |established in Titles IV and V of Book II of the |! | Code of Civil Procedure, except for indicated in the |! |articles 273, 274, 275, 276, 277, 278, 284, 285, 286, |! | 294, 296 and 297 of that legal body, as soon as they are applicable. Article 17 K.-The final judgment will be |! |founded, having to enunciate the grounds of fact, of |! |law and economic according to which it is |! |utters. It will be made express mention of the |! |fundamentals of the minority votes, if any. This statement must be given within the period of |! |forty-five days, counted since the process is |! |found in a state of failure. In the final judgment, the Court may |! |adopt the following measures: a) Modify or terminate the acts, |! |contracts, conventions, systems or agreements that are |! |contrary to the provisions of this law; b) Order the (i) to modify or dissolve the |! |companies, corporations and other legal persons of |! |private law that have intervened in the acts, |! |contracts, conventions, systems or agreements to which it is |! tax benefit up to a |! |sum equivalent to twenty thousand tax units |! |annual. The fines may be imposed on the person |! |legal entity, its directors, |! |administrators and any person who has intervened in |! |the performance of the respective act. In the case of the |! |fines applied to legal persons, they will respond |! |in solidarity with the payment of the same their directors, |! |administrators and those persons who have been |! |profited from the respective act, provided that they have |! in the realization of the same. For the determination of the fines will be |! |will consider, among others, the following |! |circumstances: the economic benefit obtained with |! |reason for the infraction, the seriousness of the conduct and the |! |quality of the offender. Article 17 L.-The resolutions delivered by |! |the Tribunal of Defense of the Free Competition, except the |! |final judgment, will be susceptible of the resource of |! |replenishment, to which it can be dealt incidental or |! |to be solved of plan. You will only be liable for complaint, |! |for before the Supreme Court, the final judgment that |! |impose any of the measures contemplated in the |! |article 17 K, as well as the one that absolves of the |! |application of such measures. This resource must be |! |founded and may be filed by the National Prosecutor |! | Economic or any of the parties, in the Court |! |of the Defense of the Free Competition, within the deadline of |! |ten working days, counted from the respective |! |notification. This time limit will be extended by the increase that |! |corresponds to the place where the |! |affected address is located, if this is different from that of the seat of the |! | Tribunal, in accordance with the table referred to |! |article 259 of the Code of Procedure Civil. To follow the action brought will not be |! |necessary the appearance of the parties. The resource will be |! |will know with preference to other matters, and will not proceed |! |the suspension of the view of the cause for the reason |! |established in the 5th of the article 165 of the Code of |! | Civil Procedure. The interposition of the resource will not suspend the |! |compliance of the failure, except as referred to the payment of |! |fines, in what will be the provisions of the paragraph |! |next. However, at party request and by |! |resolution founded, the Room you know of the resource |! |may suspend the effects of the statement, total or |! partially. To file the claim, in case |! |that a fine has been imposed, the part sanctioned |! |must record a sum of money equivalent to ten |! |percent of the fine decreed. However, when |! |be the National Economic Prosecutor who interputs the |! |resource, you will be exempt from this requirement. Article 17 M.-The execution of the resolutions |! |pronounced under this procedure, |! |it will correspond directly to the Court of Defense of the |! | Free Competition which will count, for such purposes, |! |with all the powers of its own a Court of |! | Justice. The fines imposed by the Court of Defense of |! |the Free Competition must be paid within ten |! |business days following the date on which the respective resolution is |! If the deadline has been met the affected will not accredit the |! |payment of the fine, the Tribunal shall, of officio or to |! |request of party, and without form of judgment, to apportion it of the |! |mode established in the article 543 of the Code of |! | o Civil. Article 17 N.-The rules contained in the Books |! | I and II of the Code of Civil Procedure will be applied |! |suppletoriely to the procedure mentioned in the |! |preceding articles, in all that they are not |! |incompatible with it. Article 17 N.-The action of compensation of |! Prejudice to any place, on the occasion of the dictation |! |by the Tribunal of Defense of the Free Competition of |! |a definitive sentence executed, will be filed |! |before the civil court competent according to the |! |general rules, and will be processed according to the |! |summary procedure, set forth in Book III of the |! | Title XI of the Code of Civil Procedure. The competent civil court, in resolving the |! |damages compensation, will establish its ruling in the |! |conduct, facts and legal qualification of the same, |! |established in the judgment of the Court of Defense of |! |the Free Competition, dictated by the |! |application of this law. Article 18.-The exercise of the privileges to |! |referred to in numbers 2) and 3) of Article 17 C, |! |as well as the issuance of the reports which are |! |entrusted to the Court under provisions |! |special legal, shall be subject to the next |! |procedure: 1) The decree ordering the initiation of the |! |procedure will be published in the Official Journal and in a |! |national circulation daily and will be notified, by |! |officio, to the National Economic Prosecutor's Office, to the |! |authorities who are directly The economic agents who, in the exclusive judgment of the Tribunal, |! |are related to the matter so that, in a period of time |! |not less than fifteen working days, these and those who |! |have legitimate interest can provide antecedents. 2) Due to the above deadline, the Court must |! |quote a public hearing, which will be brought to |! |effect within the fatal period of thirty days counted |! |from the notification, which will be practiced by a |! |notice published in the Journal Official, so that those who |! |have contributed background can manifest their |! |opinion. If the subject matter, in particular, to a |! |regional situation, the notification will also be |! |will practice by another notice that will be posted in a |! |local newspaper. The Tribunal will always arbitrate the |! conditions necessary for all the interveners |! |to be able to impose themselves of the file. 3) If the authorities, agencies or persons |! |referred to in the previous numbers do not inform in the |! |deadlines that the Tribunal will set to them, this will be able |! |to dispense with the report. 4) On its own initiative or at the request of the interested party, the |! | Tribunal may collect and receive the records that |! |deem relevant. Resolutions or reports that dictate or issue the |! | Tribunal in the matters referred to in this article, |! |may be the subject of the replenishment facility. The |! |resolutions that set conditions to be |! |fulfilled in acts or contracts may also be object |! |of the claim resource. Article 19.-The acts or contracts executed or |! |concluded in accordance with the decisions of the Court of |! | Defense of the Free Competition, will not carry |! |responsibility in this matter, but in the case |! |that, subsequently, and on the base of new |! |background, force qualified as contrary to the |! |free competition by the same Court, and this from |! |that is notified or published, if any, the resolution |! |that makes such a qualification. In any case, the Ministers who participated in the |! |decision will not be understood to be disabled for the new |! |pronouncement. " 7) I 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 Adjuntos to act in any |! |territorial scope when the specialty and complexity |! |or urgency of an investigation so requires. The Deputy Prosecutors will have the privileges that |! |the National Prosecutor delegates to them. " 9) Please introduce the following modifications in |! |article 23: a) In the first indent: i) Take the sole Directors column |! |trust, the position of "Economic Regional Prosecutor", and |! |the respective "4" guismos in the column degrees and |! | "12" in column No. of charges. (ii) Replace the "25" of the first |! |subtotal for the "13" guitarianism. iii) Replace in the column corresponding to the |! | No. of professional charges grade four the guitarianism "2" |! |by "4"; in grade five, the guarism "2" by "4"; in |! |grade six, the guitarianism "1" by "4"; in the grade |! |seven, the guarism "1" by "3"; in grade eight, the |! |guarism "1" by "2" and in the second subtotal the |! |guarianism "7" by "17". iv) Create in the column corresponding to |! |fiscalizers, grade 9 with N ° of charges 1, and |! |replace in the column corresponding to the N ° of |! |tax charges, grade 10, guarism "1" by |! | "2". (v) Replace in the third subtotal the guarism |! | "5" by "7". (b) In the second subparagraph: (i) First, the words "Regional Prosecutors |! | Economic" and the phrase "Title of Advocate and one |! |professional experience of at least 3 years". (ii) Replace the columns "Professional" and |! | "Other charges", by the next: " Professionals: Title of Attorney, Engineer, |! | Accountant Auditor or Public Administrator, awarded by |! |a State Professional University or Institute or |! |recognized by this, or other professionals |! |university with post degree in science economic, from |! |at least two semesters, awarded by Universities of the |! | State or recognized by this, including the |! | foreign universities. In any event, a minimum professional experience of 3 years shall be required. " 10) The second indent of Article 26 shall be required. 11) Enter the following changes in |! |article 27: a) Substitute in letters a), b) and h) the |! |expressions "of the Resolutive Commission" and "the Commission |! | Resolutive" by the expressions " of the Court of Defense |! |of the Free Competition "or" the Court of Defense of the |! | Free Competition ", or" the Court of Defense of the |! | Free Competition " as appropriate. b) In the third paragraph of (b) delete |! |the expression "by the Preventive Commissions and", and |! |replace the expression "Economic Regional Prosecutors |! |and from the charges formulated by some and others" by |! | " Prosecutors Adtogether and the charges (c) In point (c) replace the phrase "of the |! | Commissions" by "of the Court of Defense of the Free |! | Competition". (d) In point (d) replace the expression "the |! | Commissions" by " the Tribunal of Defense of the Free |! | Competition ". e) In the letter e) replace the phrase "request |! |the Resolutive Commission and the Preventive Commissions" by |! | " request the Court of Defense of the Free |! | Competition, in cases in which the National Prosecutor |! | Economic does not have the quality of part '. (f) Derogase (i). g) Add the following new letters, a |! |continuation of the letter j), passing the current letter k), |! |to be letter n), replacing the comma (,) and the conjunction |! | "and" with which the current letter j), by a point and |! |comma (;): " k) Call to declare, or request statement by |! |written, to the representatives, administrators, advisors |! |and dependents of the entities or persons that may |! |have knowledge of facts, acts or conventions |! |object of investigations and to all other person who |! |executed and celebrated with them acts and |! |conventions of any nature, with respect to some |! |made whose knowledge it deems necessary for the |! |fulfillment of his functions; l) Require of the technical agencies of the State |! |the reports that he deems necessary and to hire the |! |services of experts or technicians; m) Hold conventions or memorandum of understanding |! |with agencies or other foreign bodies having |! |to promote or defend free competition in |! |economic activities; n) Convenir with other public services and |! |agencies of the State the electronic transfer of |! |information, which does not have the character of secret or |! |reserved according to the law, to facilitate the |! |fulfillment of their functions. Likewise and prior |! |founded resolution of the National Economic Prosecutor, may |! |agree electronic interconnection with organisms or |! |private institutions. In the same way, it will be able to agree |! |this interconnection with foreign public bodies or |! |international organizations, with which there is |! |concluded conventions or memorandum of understanding, and ". 12) Rule 28. 13) Replace in the second paragraph of the article |! | 29 the expression "the Commissions" by "the Court of |! | Defense of Free Competition". 14) Substitute in Article 30 the phrase "La |! | Procuratorate and the Preventive Commissions shall" by " La |! | Procuratorate must ". 15) Enter the following modifications to the |! |article 30 A: a) In the second paragraph replace the expression |! | "the Resolutive Commission" by "the Court of Defense of |! |the Free Competition". (b) In the third paragraph replace the expression |! | "the Preventive Commissions, the Resolutive Commission" for |! | "the Court of Defense of the Free Competition". 16) Replace Article 30 B, by the following: " Article 30 B.-Advisors or consultants who |! |provide services on the basis of fees for the |! | Economic National Prosecutor's Office or the Court of Defense of |! |the Free Competition, (17) In point (d) of Article 30 (c), remove the |! |sentence "relating to files dealt with in the course of the |! | Commissions and the Office of the Prosecutor itself". 18) Article 30C (19) Repealed Title V. 20) Add the following Article 31, new: " Article 31.- The presentations of the |! |individuals directed to the National Economic Prosecution, |! |may be entered through the Intrends |! | Regional or respective Provincial Governations, |! |when the address of the petitioner will be found |! |located outside the city of Seat of this body. If it is a presentation that must be made inside |! |of a certain period, it will be understood from the |! |date of presentation in the respective Intendencia or |! | Governorate. The Mayor or Governor, as the case may be, must |! |designate a Ministerial Regional Secretary, head of |! |service or attorney for their dependency, as appropriate, |! |for the receipt and issuance of such communications, |! |within twenty-four hours of received, to the |! | Economic National Prosecutor's Office. " Article 2.-The Tribunal of Defense of Free Competition shall be the continuator and successor of the Resolutive Commission, for the purposes of knowing and resolving the matters referred to in the following laws and regulations: Article 31 of the decree with force of law N ° 323, 1931; Articles 90, N ° 4, and 107a, third indent, of the decree with force of law N ° 1, 1982; Articles 47 B and 65 of the decree with force of law N ° 382, 1989; article 29 of the law N ° 18,168; Article 12 A of Decree No 70 of 1998; Article 66 of Law No 18,840; Article 51 of Law No 19,039; Article 96 of the Supreme Decree No 177 of 1991 of the Ministry of Economic Affairs, Development and Reconstruction; Article 7 of Law No 19.342; Article 78 (b) of Law No 19.518; Article 4 (h) of the Supreme Decree No 104 of 1998 of the Ministry of Finance Article 19 of Law No. 19,545; article 414 of the decree with force of law No. 1, 2003; article 173, No. 2, letter b), of the sole article of Supreme Decree No. 28, 2003, of the Ministry of Foreign Affairs. Likewise, the Tribunal de Defensa de la Libre Competencia will be aware of the matters covered by the following laws and regulations relating to the Preventive Commissions: Articles 14 and 23 of Law Nº 19,542; articles 3 °, (c), 4 ° (h) and 46 of the Supreme Decree No 104 of 1998 of the Ministry of Transport and Telecommunications, and Articles 37, 38 and 43 of Law No 19,733. Without prejudice to the foregoing, the Tribunal de Defensa de la Libre Competencia shall have the powers that other legal provisions, not referred to above, confer on the Resolute And Preventive Commissions, if any, in matters of free competition in economic activities. TRANSITIONAL PROVISIONS FIRST. This law will take effect |! |90 days after its publication in the Official Journal. Without prejudice to the provisions of paragraph |! |precedent, the Preventive Commissions and the Resolutive |! |substiran, and will continue to know the cases |! |submitted to their consideration, until the installation of the |! | Tribunal of Defense of the Free Competition and may be the |! | Chairman of the Resolutive Commission, for the purposes |! |of the confection of the Budget of the Court |! |corresponding to the exercise 2004, to carry out the |! |communication to the Minister of Finance to which it refers the |! first of Article 17b of this law, if |! |within the corresponding deadlines no are |! |installed the Court. SECOND. Extend the period of duration in their positions of the members of the Resolutive Commission and of the Preventive Commissions that expires from the law until the installation of the Tribunal for the Defense of Free Competition, by the sole ministry of law. publication of this law in the Official Journal. THIRD. Within 90 days of the entry into force of this law, the appointment of the Ministers to be part of the Tribunal of Defense of the Free Competition and the installation of the same, according to the procedure, will have to be carried out. established in this law. FOURTH. For the purposes of the partial renewal of the Court of Defense of Free Competition, the initial period of validity of the appointment of each of the first members to be made shall be determined by the President of the Republic in the a corresponding decree of appointment, designating for two years a member of the lawyer and a licensed member or with a post degree in economic sciences, for four years a member of the lawyer and a member with a degree or a post degree in economic sciences, and for six years the lawyer nominated as President of the Court, respectively. For the purpose of the partial renewal of the members who shall have the quality of alternates, the President of the Republic shall determine in the first supreme decree of appointment of each of them the initial period of their validity, fixing two years for a member of the lawyer and a graduate or post-graduate in economic sciences, and four years for a member of the lawyer and a graduate or post-graduate in economic sciences, respectively, at the election of the President of the the Republic. The President of the Court shall be sworn in for the first time before the Supreme Court, which shall be convened in particular for the purpose within five days of the appointment made by the President. of the Republic. The other members of the Tribunal for the Defence of Free Competition shall take the oath of office before the President of the Court, in accordance with the provisions of Article 9 of Decree-Law No 211 of 1973, the text of which lays down the numeral 6) of the article. first of this law. QUINTA. The causes of the fact that they are currently aware of the Central and Preventive Regional Preventive Commissions will continue to be dealt with, without solution of continuity, before the Tribunal of Defense of the Free Competition, according to the procedures established by the provisions in force at the time of their commencement. These organizations will continue to receive the technical and administrative support provided by the National Economic Prosecutor's Office until the plant established in Article 15 of Decree Law No. 211 of 1973, whose text is fixed by the (6) of the first article of this Law. SIXTH. The design of the plant staff of the Tribunal de Defensa de la Libre Competencia shall be carried out within a period of 60 days from the date of its installation. SEVENTH. Without prejudice to the provisions of the first transitional provision, the causes in agreement which are pending before the Resolutive Commission shall be resolved by the members who have been in the view of the case. EIGHTH. The President of the Republic should be empowered to establish, within a period of one year, by means of a decree with the force of law of the Ministry of Economy, Development and Reconstruction, the consolidated, coordinated and systematized text of Decree Law No. 211. NINTH. The expenditure that represents the implementation of this law during the year 2003 will be financed from the budget reallocations of Services of the Ministry of Economy, Development and Reconstruction, and in what will be missing from the item 50-01-03-25-33-104 from the Public Treasury Item of the Budget Law. The tax contribution corresponding to the Court of Defense of the Free Competition for the year 2003, will be financed in the form set out in the previous paragraph, will be determined in an item of the Program Complementary Operations of the Partida The Commission will be responsible for the implementation of the budget and its budget for that year. Having complied with the provisions of Article 82 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and because I have had to approve and sanction it, I therefore promulgate and take effect as the Law of Santiago, 20 October 2003.-JOSÉ MIGUEL INSULZA SALINAS, Vice President of the Republic.-Jorge Rodriguez Grossi, Minister of Economy, Development and Reconstruction.-Nicolas Eyzaguirre Guzmán, Minister of Finance. What I transcribe for your knowledge.-Salute attentively to you.-Alvaro Díaz Pérez, Undersecretary of Economy, Development and Reconstruction. Constitutional Court Bill that creates the Court of Defense of the |! | Free Competition The Secretary of the Constitutional Court, who |! |subscribes, certifies that the Honorable Senate sent the |! |bill enunciated in the rubric, approved by the |! | National Congress, in order for this Court to exercise |! |the control of constitutionality with respect to the Article |! | First, in its numbers 2), 5), 6) -as regards |! |the articles 7, 8, 9, 10, 11, 13, 14, 15, incisos |! |third and sixth, 16, 17, 17 A, 17 C, 17 K, 17 L, 17 N, |! | 18 and 19 of Decree Law No. 211, 1973-, and 7); |! | Article Second, and the Transitional Provisions |! | First, Second, Third, Fourth, Sixth, and Seventh, of the |! |itself, and by judgment of October 7, 2003, stated: 1. That the expression "or regulations" contained in the |! Article Second of the project |! |remitted, is unconstitutional and consequently |! |must be removed from your text. 2. That the Article First, in its numbers 2), 5), 6) |! | -as far as the items 7th, 8th, 9th, 10, |! | 11, 13, 14, 16, 17, 17 A, 17 C, 17 L, 17 N, 18-|! |only in their heading-, and 19 of the decree law |! | No. 211, 1973-, and 7); the Article Second-except |! |the expression "or regulations" of its paragraph |! |final-, and the Transitional Provisions First, |! | Second, Third, Fourth and Seventh, of the project |! |remitted, are constitutional, without prejudice to |! |what is noted below. 3. That article 13, paragraph 5, contemplated in |! |the number 6 of the Project First Article |! |remitted, is constitutional in the understanding of the |! |expressed in recital EIGHTH of this |! |judgment; 4. That the article 17 content in the number 6 of the |! | Article First of the submitted project, is |! |constitutional in the understanding of what is expressed in |! |the DECIMAL recital of this judgment; 5. That article 17 C, No. 3, understood in the |! |numeral 6 of the Article First of the project |! |remitted, it is constitutional in the understanding of the |! |expressed in recital FOURTEENTH of this |! |judgment; 6. That this Court does not rule on Article |! | First, No. 6), as far as Article 15, |! |incites third and sixth, article 17 K and the |! |article 18-except its heading-, of decree |! |law No. 211, 1973, and Disposition Transient |! | Sixth, from the submitted project, to be about |! |subjects that are not own organic law |! |constitutional. Santiago, October 8, 2003.-Rafael Larraín Cruz, |! | Secretary.