CHILE Law and Practice Contributed by: Claudio Lizana, Daniela León, Tomás Appelgren and María Jesús Gaete, Estudio Lizana
With respect to compensation for damages result - ing from antitrust violations, in a recent judgment ( Deportes Melipilla v ANFP ), the TDLC defined a standard for submitting this type of action to arbitra - tion. The Court held that three conditions must be met: • the unlawful act has been determined by a final judgment before signing the arbitration clause; • the object of the arbitration clause is indubitable; and • the jurisdiction of the arbitral tribunal is limited to determining the existence of harm, quantifying damages, and establishing the causal relationship between the damage and the unlawful conduct. While Chile does not have a specific prohibition against litigation funding, the practice has not been commonly adopted in the context of competition law or antitrust cases. 11.2 Costs Under Article 144 of the Code of Civil Procedure, the party that is fully defeated in a trial or incidental mat - ter shall be liable for the payment of all legal costs. However, the same Article provides that the court may exempt the party from such costs if it determines that the party had plausible grounds for initiating the litiga - tion. Additionally, an injunctive relief may be enforced though a guarantee or other reasonable measures to secure the payment of legal costs. 11. Funding and Costs 11.1 Litigation Funding
quent damage claims. The appeal must be filed with the TDLC within ten business days from the notice of the final judgment. The TDLC will then process the appeal and forward it to the Third Chamber of the Supreme Court for review, where the latter may con - firm, revise or annul the TDLC’s judgment. The general condition for the TDLC to declare the appeal admissible and refer it to the Supreme Court is that the judgment causes a grievance regarding the appellant’s claims. The appeal is not only limited to points of law, but also to points of fact. Historically, since the Supreme Court is not a specialised court in economic and competition matters, it used to limit its review to legal errors. How - ever, the highest court in Chile now asserts its jurisdic - tion to review even the economic analysis conducted by the TDLC, adopting a non-deferential stance in significant cases regarding the TDLC’s analyses. According to the TDLC’s 2025 statistics, 57% of the total antitrust litigations for the period May 2024-April 2025 involved allegations of abuse of dominant posi - tion. This is followed by cartel cases, which repre - sent 21% of the contentious proceedings in the same period. It is anticipated that private parties will continue to focus on abuses of dominance in the coming years. In this context, based on comparative experience, there is a clear tendency to pursue actions against large international companies, even those not domiciled in Chile, but whose conduct may have repercussions in domestic markets. This trend is especially evident in cases involving digital markets and technologies, where geographical barriers are virtually non-existent. In the field of litigation for damages, although devel - opments have been relatively slow, the last couple of years have seen an increase in the number of cases where private companies seek compensation follow - ing convictions for abuses of dominance. Between 13. Looking Forward 13.1 Legislative Trends and Other Developments
12. Appeals 12.1 Basis of Appeal
In antitrust proceedings before the TDLC, parties have the right to appeal the final judgment through a spe - cialised appeal mechanism known as recurso de rec- lamación (appeal). This appeal, specifically designed for administrative proceedings, is applicable to both cases of anti-competitive infringements and subse -
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