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Soft law > Concerted Practices

New Draft Leniency Guidelines

Chilean National Economic Prosecutor’s Office, Guidelines, October 2016

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On October 28 2016, the FNE published a third version of its Leniency Guidelines, which will replace the 2009 version. This new draft has incorporated comments from the ABA IBA and the DOJ; it also incorporates the recent legal amendments to the competition law. The most notable changes are:
- The application meeting may be done virtually
- Incorporates the possibility to withdraw an application
- According to the legal amendments the benefits are restricted only to the two first applicants
- New causes for the benefit, procedure and the effects of revoking the benefits
- Incorporates hypothetical questions without revealing the identity of the interested party
- Confidentiality is ensured for all the information regarding a leniency application, the FNE will strive to protect that confidentiality in information exchanges with national and international authorities
- Amnesty plus is incorporated

These guidelines are in the process of public consultation. Comments could be submitted until November 18, 2016. The final version of the guidelines will come into effect once published by the FNE.