- Fulfill the fair conditions in the merger control review. In order to achieve that, the following must be ensured:
- A reasonable and determinable period of time;
- That Parties obtain the required information, transparency in the decision-making procedure, and that Parties are well informed about how and when to propose remedies or conditions;
- A suspensory effect on the reviewing process established by law;
- General transparency, with the purpose of informing the rules to the public; and
- Confidentiality, namely to protect confidential and privileged information provided during the assessment.
- Specify the rules applying to the un-notified mergers, which do not reach the thresholds, but still raise competition concerns. Such rules should determine whether un-notified mergers can be reviewed ex officio, and if so, under which circumstances and conditions.
- Issue a policy regarding the statute of limitations with respect to the review powers, both ex ante and ex post.
d) Establish by law the merger control substantive standards review. Also, provide proper guidance relating to qualitative and quantitative factors that are significant within the substantive assessment process. The report suggests as well, incorporating a fast track procedure together with a simplified notification form, to be applied in mergers that surpass the notification thresholds, but do not raise anticompetitive concerns. e) Add to the DL 211 sanctions and enforcement tools against rules violations; such as the failure to notify, consummation of an operation being assessed, obstruction of the information gathering and non-compliance of remedies. These sanctions would be different from those contained in Article 26 of the DL 211 (which apply with respect to anticompetitive acts or deeds). 3. Conclusion This report is the outcome of an investigation carried out by the OECD, and it mainly contains recommendations. The conclusions and proposals offered by the Assessment have not yet been discussed by the appropriate Chilean authorities. Recently, the Chilean Government has stated that it will prepare a bill to be sent to Congress, with the purpose of improving the current merger control regime, adopting measures in line with the OECD Report.
