Practice Area

Antitrust, Competition

ASYC’s Competition group is widely recognized as a leading practice, especially for its prominent antitrust litigation team, with significant expertise both in contentious and non-contentious proceedings. The group also holds experience in compliance and in mergers and acquisitions assessments. Partner Javier Velozo is considered one of the foremost Competition experts in Chile, due to the wealth of experience he gained during his tenure at the Competition Court, his sound background in economics and his academic contributions in the field.

The group represents Telefónica Group (Movistar), the main Chilean Telecom company, in a number of competition cases. In the last year, group successfully represented Telefonica in four different proceedings, including a non-contentious motion for a clarification in respect of soft regulation; a claim for alleged damages generated from anticompetitive behaviour and two lawsuits for alleged anticompetitive behaviour.

On the accused cartel side, the group is representing Eukor Car Carriers before the Chilean Competition Court in a case of alleged price-fixing in the maritime transport sector.

ASYC’s team is currently representing Embotelladora Andina (Coca-Cola) for alleged price discrimination in franchises regarding the fast-food industry.

The team is representing the Comisión Nacional de Energía (Chilean’s energy regulator) in non-contentious proceedings before the Competition Court regarding the gas distribution market.

The team also represents Multicaja, a payment card processor, in contentious and non-contentious procedures before the Competition Court, and is advising it in its presentations to the Government and Congress regarding a bill and a drafted bill to open the payment cards market.

As regards compliance, the team assists Telefonica and the National Association of Supermarkets (ASACH) in the implementation of their respective competition compliance programmes.

Banking & Finance

The firm has an extensive practice in all types of financial transactions, like aquisition financing, general bank lending, project financing and refinancing, representing major companies and financial institutions in Chile and abroad. The firm is renowned for its extensive experience representing insurance companies, financial institutions and corporations in domestic and international capital markets, as well as domestic and international offerings, together with its broad experience litigating and dealing with the Chilean Superintendency of Securities.

Bankruptcy, Insolvency, Restructuration

Our firm’s approach to an insolvency matter is specialized and holistic; it utilises its expertise in all related fields of law that arise in such cases, such as finance, corporate Law, litigation, arbitration and taxation. By focusing on the issues from all aspects, the firm is able to offer a comprehensive and efficient solution to its clients. The firm  has been actively involved in some of the most important restructuring cases after the enactment of the recent amendment to the bankrutcy law.

Capital Markets, Securities

Aninat Schwencke & Cia advices issuers and underwriters of shares, quotas, corporate bonds, securitization, notes and securities in general. We assist our clients along the process of registration of the securities with the regulatory body, including IPO processes,
and their relation with the stock exchanges. We also render assistance in connection
with disclosure obligations and other legal restrictions imposed on securities issuers.
Likewise, we have a high degree of specialization in derivative products.

At the international level we provide advisory services to foreign mutual funds,
close end funds and ETFs managers in their approving process in Chile by the Risk
Classification Commission and the registration in the Chilean Off-shore Exchange.
Likewise, we have advised several foreign funds and investors in their investing in
Chile in the public and private markets.

At the national level, we provide advisory to brokers, dealers, fund managers -whether
public or private- mutual funds, investment funds, private investment funds and
securities issuers. The foregoing is without prejudice to our individual clients, to
whom we provide advice in their private investment funds (family office and wealth
management). Likewise, we have participated in the formation of risk capital under
CORFO and interesting agricultural, forest, and mining investment funds, including
the first mining investment fund in Chile.

We have participated in and structured investments under Law 18657 through
the formation of Foreign Capital Investment Funds (FCIF) and Investment Funds of
Foreign Risk Capital (IFFRC) including, in the latter case, long term investments in the
mining, forest, real estate, energy, and agricultural areas.

Corporate / M&A

Aninat Schwencke & Cía. has extensive experience in Corporate Law and Mergers and Acquisitions, advising local and foreign investors, investment funds and multinationals on their activities in Chile, as well as targeting companies and entrepreneurs on the sale of their companies and the inclusion of strategic partners. Our Private Equity and Venture Capital area is one of the largest in the country.

Thanks to this experience, the partners have a wide and deep network of contacts in the government; the Ministry of Economy; the Ministry of Mining, Transport and Telecommunications; the Central Bank; and regulatory bodies.

Thanks to our work, with a strong emphasis abroad, Aninat Schwencke & Cía. maintains close working relationships with some of the main international law firms, such as Cleary Gottlieb, Linklaters, Clifford Chance, Greenberg Traurig, Winston Strawn LLP and Davis & Gilbert LLP, among others, which allows us to offer integral solutions to our foreign clients in Chile and in the region, and offer unique resources to guide them through each stage of their national and international business.