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This report offers a concise overview of a complex topic: antitrust and competition law in Latin America. The document intends to shed light on how major jurisdictions in the region are handling historic and recent key antitrust issues, including guidance documents and actions.

The report is divided in four sections:

  1. Leniency: We explain the leniency regimes and how different jurisdictions have utilized leniency as part of their enforcement strategies in recent years.
  2. Digital Dilemma: After tracing the growth of Latin America’s digital market, we cover how different authorities have faced the competition challenges presented by the rapidly expanding digital market and offer some best practice suggestions for digital market companies to consider.
  3. Navigating the Merger Control Landscape: In 2021, M&A deals boomed in Latin America, and after examining some of the driving factors behind this phenomenon, we explain the importance to proper premerger preparation, how different jurisdictions handle premerger control, filing considerations, and the three Cs that are crucial for companies involved in multi-jurisdictional mergers.
  4. Bridging the Antitrust Compliance Gap: We examine the factors that stand in the way of implementing robust compliance programs, how different regulatory authorities have acted in antitrust cases with compliance programs, and how connected compliance can help companies succeed in this area, which is under ever-greater scrutiny by competition authorities.

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Author

Esteban Rópolo is a member of the Buenos Aires Bar Association. He was a professor in leading universities in Argentina — including University of Buenos Aires, Argentina Catholic University and Universidad del CEMA — where he taught political economy, foreign trade legal regime and private law. Mr. Rópolo has written a book on competition law and also contributed articles related to his areas of practice.

Author

Rodrigo Díaz de Valdés heads the Dispute Resolution and Antitrust practice groups of Baker McKenzie's Santiago office. He has represented the Chilean State, as well as major transnational and local companies in a broad range of cases, from long-term energy contracts to construction, projects and investment protection matters. He is ranked among the most recommended lawyers for dispute resolution, antitrust and public law by Chambers & Partners. Rodrigo serves as arbitrator of the Center of Arbitration and the Chamber Commerce of Santiago, and is a professor of constitutional and civil law at the Catholic University’s School of Law. He has written articles for various publications, particularly on constitutional law, civil liabilities and arbitration matters.

Author

Carolina Pardo joined Baker McKenzie in 1994 and is a Partner of the Firm since 2008. She is currently a member of the Global Steering Committee for the Firm’s TMT industry group and of the Global Steering Committee for the Firm’s Compliance & Investigations Group. She was a member of the Global Steering Committee for the Firm’s Global Antitrust and Competition from 2016 and until 2020 and is currently a member of the Latam's Antitrust Steering Committee. She graduated as a lawyer and a specialist in International Contracts Law from Universidad de los Andes in Bogotá. She obtained a LL.M. with emphasis in International Private Law and Competition Law from the London School of Economics and Political Science. Over 25 years, she has advised major national and international clients on matters related to compliance with data protection, competition and consumer law rules. She has represented clients in investigations and submissions related to data protection and competition matters in Colombia and has successfully coordinated and prepared white paper proposals to national authorities on behalf of major industrial groups in Colombia. In 2016 Global Competition Review selected her as one of the 100 most influential women in antitrust. The last two Superintendents of Industry and Commerce have selected Carolina as a Non-Governmental Advisor to the Colombian Antitrust Regulator.

Author

Raymundo Enriquez is currently a partner in Baker McKenzie's Antitrust Practice Group in Mexico City. Mr. Enriquez focuses his practice on foreign trade and competition law. He advises and represents clients in proceedings before the Mexican antitrust authority. He also has extensive experience assisting clients in a wide range of issues involving merger control, compliance programs, cartel investigations and antidumping proceedings involving WTO.

Author

Teresa Tovar is a partner in Baker McKenzie in Lima Peru. Her practice focuses on the area of antitrust and competition, consumer protection, advertising and promotions, and market access. She has worked with various pension funds and clients in the cosmetics, food and beverage, electronics manufacturing and commercial sectors, and advised transport infrastructure companies on free competition and access to essential facilities, especially in the airport industry. On regards with the application of regulatory framework on public transportation infrastructure and telecommunications, she's always there to give counsels and as well as on conducting data privacy projects. Aside from that, Ms. Tovar also works with national and foreign credit agencies on issues related to personal information protection.

Author

Jesús Dávila joined Baker McKenzie in 2002 and became partner in 2009. He is recognized as a leading lawyer in Venezuela by Chambers Latin America and IFLR1000. Jesus advises domestic and multinational companies on the full scope of corporate transactions, including mergers, acquisitions, takeovers, joint ventures and a variety of other corporate work. He has a strong track record providing insightful advice to companies on matters of antitrust, foreign investment and technology transfer, IT/Communications, and trade and commerce. Jesus has been a professor in various renowned universities in Venezuela.

Author

Natalie Flores is currently the regional knowledge attorney for North America and Latin America in the Global Antitrust & Competition Group in the Firm's Mexico City Office. She has over ten years of experience as an attorney, and manages and executes regional and global legal content projects, training and client initiatives for the Competition Group within the context of the Firm's knowledge strategy across the region. Natalie oversees all regional knowledge for the antitrust and competition group for the Americas, including develop thought leadership, client training, and publications, amongst other antitrust initiatives for the region, and advises a diverse range of industry clients in multijurisdictional competition matters. She has experience in competition litigation, specifically class action. She is an active member of the Firm's various industry groups, with a focus in the Energy, Mining & Infrastructure group of Baker McKenzie. Natalie is on the Board for Mujeres en Energías Renovables (Women in Renewable Energy) en México (MERM), an association dedicated to promoting the development of women in renewable energy, and concentrates on advocating for renewables and the empowerment of women in the sector.

Author

Paulo Casagrande is a Partner in Baker McKenzie Brazil office in cooperation with Trench, Rossi and Watanabe Advogados.

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