Illegal evidence in Antitrust Law

Abstract

Paragraph seven of literal n) of Article 39 of Decree Law N 211 establishes the exclusionary rule in Competition Law, providing that the results of the investigative powers of the Chilean Antitrust Agency (Fiscalía Nacional Económica) may not be used as means of evidence in the proceedings before the Chilean Antitrust Court (Tribunal de Defensa de la Libre Competencia) when the Agency incured in certain causes of wrongfulness. Considering the short period the rule has been in force and the few pages this issue has addressed in the doctrine, this article aims to make a procedural analysis of the subject of illegal evidence in Decree Law No. 211, with particular emphasis in the evidence obtained upon exercise of intrusive measures by the Chilean Antitrust Agency.