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Protección de la Competencia en Chile: El Estado y Laboratorios Chile y Recalcine (1992-93)

In 1992, Laboratorios Chile and Recalcine, the two largest pharmaceutical companies in Chile with a share of 82% of the domestic markets for generic products, were accused of collusion. The paper analyzes the process and the evidence considered by the Antitrust Commissions to assess the extent to which the Chilean system has been able to provide seguridad jurídica for market competition. Albeit economic models were readily available to argue the case, the process failed to generate the evidence necessary to apply them properly. The opposite decisions of the two Commissions reflected this failure and differences in the standards of proof. The analysis is useful, however, to understand the behavior and performance of the Chilean system of competition law.