Competition/Antitrust, Consumer Rights, Constitutional Law, Regulatory Law.
Partner Javier Velozo is an expert in Economic and Regulatory Law, and previously served on the Competition Tribunal (TDLC), initially as court clerk and then as Judge.
Mr. Velozo is a graduate school professor at the Universidad de Chile and the Pontificia Universidad Católica de Chile –where he teaches Law & Economics and Antitrust Law– and at Universidad Andrés Bello, where he lectures on Economic Constitutional Law and Antitrust Law.
He has been a guest professor at various universities in Spain, Ecuador and El Salvador.
Mr. Velozo has been an arbitrator in a number of commercial law disputes. He has published several articles in Law & Economics and Antitrust, in the U.S., Spain and Chile.
Also, he has served as evaluator of the research programs of the National Fund for the Scientific and Technological Development (FONDECYT), and the Commission for Scientific and Technological Research (CONICYT). Mr. Velozo has consulted for several South and Central American Governments on the creation and development of their antitrust institutions.
Mr. Velozo is an adviser in competition matters in MOVISTAR and an arbitror in NIC Chile.
Contentious cases tried before the Antitrust Court (TDLC).
- Representation of Telefónica Móviles Chile S.A. in four lawsuits for abusing its dominant position filed by Virtual Mobile Operators that allege said infringement within the context of a contest opened by the regulator, and in litigation for supposed abuse of dominant position and arbitrary discrimination.
- Representation of Telefónica Móviles de Chile and Telefónica Chile –as defendants for alleged infringement of General Instruction N° 2/2012 of the TDLC and for tying.
- Representation of Young & Rubicam, Ogilvy, J. Walter Thomspon, Grey S.A., Wunderman Comunicaciones and other advertising agencies of WPP Group in a cartel proceeding before the Competition Tribunal.
- Representation of Multicaja in lawsuit against BancoEstado for abusing its dominant position, by refusing to deal with Multicaja.
- Representation of Prosud (LG’s tech detergent) and Aportas (Panda detergent) –as plaintiffs- in a lawsuit against Unilever Chile for abuse of dominant position, specifically exclusionary conduct. This trial ended with a settlement between the parties, with Unilever committing to cease its anticompetitive practices.
- Representation of Eukor Car Carriers before the Economic District Attorney (FNE), for allegedly being a member of a cartel that colluded in the maritime transportation of vehicles market.
- Representation of Embotelladora Andina S.A. in a lawsuit filed by the franchisees of a popular restaurant chain, for alleged abused of dominant position as the franchise’s provider.
Non Contentious cases tried before the TDLC.
- Representation of Telefónica Móviles Chile S.A. in a procedure regarding the amendments of the General Instruction N° 2/2012 of the TLDC.
- Representation of the National Energy Commission in the Metrogas S.A. price determination procedure and in the Conadecus request to review a concentration operation and to issue general instructions in the gas market.
- Representation of Multicaja in a Normative Recommendation Request regarding the services related to the use of credit and debit cards as a universal payment mechanism.
- Representation of Multicaja in a Request before the FNE regarding the amendment of Opinion N° 757 of the Central Preventive Commission (joint acting of banks through Transbank).
- Representation of Factor Plus in the Normative Recommendation Request regarding warrantage commerce. This process was initiated by our client and in it, the TDLC for the first time ever accepted a request to exercise its power of normative proposal, recommending the Executive Power the revocation of the norm that prohibits private parties from exercising warrantage commerce –which currently grants a state monopoly for that activity upon the General Offce of Warrantage- and the regulation of secured loans granted by private parties.
Advise to clients in procedures before the FNE.
- Counseled Telefónica Móviles de Chile in the oversight process through which the FNE verified if said company complied with a holding by the Supreme Court that solved the complaints filed against the holding of the TLDC regarding the FNE’s request against Telefónica Móviles de Chile and others.
- Counseled Wallenius Wilhelmsen Logistics and EUKOR Car Carriers in an FNE’s ongoing investigation in the maritime transport services sector.
- Counseled the Bimbo Group before the FNE in voluntary consultation regarding a projected concentration process in the food sector.
- Counseled Citröen Chile in an FNE’s investigation regarding abuse of dominant position in the market of import and distribution of automobiles.
- Counseled Winpharm in an ongoing investigation by the FNE in the laboratory industry.
Advise to clients in civil litigation resulting from anticompetitive behavior, before civil courts.
- Counseled Telefónica Móviles Chile in two of the most relevant civil trials resulting from anticompetitive behavior since the modernization of the Chilean competition system in 2004.
Compliance, review of distribution strategies, commercial agreements and analysis of projected concentration operations.
- Compliance with competition regulation has become a priority in the corporate agenda of all companies since they cannot remove themselves from the potential legal and reputational consequences that infringing competition regulation may place upon both the company itself and its employees. Corporations must be acknowledge that competition regulation may be used to their benefit when potentially anticompetitive conducts are carried out by their competitors, clients or providers.
- In this context, Aninat Schwencke & Cía.’s Competition, Regulation and Commercial Defense Team has counseled most of its clients, among them, the Bimbo Group, Movistar, Big John, Toyota International, ASACH, Tecnofast, Multicaja and Citroën Chile, in compliance issues, review of distribution strategies, commercial agreements and analysis of projected concentration operations.
Counsel to government entities in regulatory issues.
- Advised the Ministry of Energy and the National Commission of Energy regarding the general regulation of the gas distribution market, and especially for the drafting of the new bill that will regulate the gas distribution network.
- Advised ODEPA – Ministry of Agriculture regarding its normative body, regulations and free competition norms applied to the agro-industrial and forestry sectors.
- Advised ODEPA – Ministry of Agriculture for the drafting of a bill that regulates the asymmetry of negotiating power in the agro-industrial and forestry sectors.
- Advised the Ministry of Public Works and its Public Works Concessions Coordination Body regarding the free competition norms and regulation in concessions.
Counsel regarding commercial defense.
- Advised a group of Brazilian pork meat producers during the initiation of an investigation by the National Distortions Commission regarding the application of safeguard measures against the importation of frozen pork meat.
- Advised AG Agrícola Central during an investigation by the National Distortions Commission regarding the application of safeguard measures against the importation of whole corn.
Mr. Velozo is a professor of Economic Analysis of Law at the Pontificia Universidad Católica de Chile and in Universidad de Chile, universities where he also teaches specialization programs in Competition Law.
Mr. Velozo also teaches Competition Law in the Master in Public Law at Universidad Finis Terrae.
Mr. Velozo has been a guest professor at various universities in Spain, Ecuador and El Salvador.
- Merger Control in Chile, Latin Lawyer magazine, London, England, August 2014.
- Private Antitrust Litigation in Chile, Global Competition Review magazine, London, England, 2014.
- Merger Control in Chile, Latin Lawyer magazine, London, England, December 2013.
- “Reflexiones en torno a algunas de las facultades extrajurisdiccionales del Tribunal de Defensa de la Libre Competencia”, en el libro “La Libre Competencia en el Chile del Bicentenario”, publicación conjunta entre el Tribunal de Defensa de la Libre Competencia y el Centro de Libre Competencia UC (Javier Velozo, Daniela González, D. Thomson Reuters, 2011).
- “Determinants of the Fares in the Chilean Airline Market: An Empirical Approximation to the Case of LAN CHILE” en Competition Law and Policy in Latin Aamerica, Eleanor M. Fox and D. Daniel Sokol, eds., Hart, 2009; NYU Law and Economics Research Paper No. 09-25. Available at SSRN: http://ssrn.com/abstract=1417571. (Javier Velozo, Roy Costilla).
- “Auxiliares de la Administración de Justicia: ¿Monopolios de Privilegio?”. En “Observatorio Económico” de la Facultad de Economía y Negocios de la Universidad Alberto Hurtado, 2007.
- Editor del Libro “Actas de las II Jornadas de Derecho de la Empresa”, publicado por la Facultad de Derecho de la Pontificia Universidad Católica de Chile, 2007”. El libro contiene un capítulo de su autoría: “Libre Competencia y Competencia Desleal”.
- “Análisis Económico de la Corrupción”, publicado en la revista de la Editorial Jurídica de Chile, 2007.
- London School of Economics and Political Science in London, England-graduate Diploma in Antitrust Law, 2011.
- Fordham University, New York – graduate Course in Antitrust Law, 2008.
- Universidad Complutense de Madrid, Ph.D. candidate in Economics.
- Universidad Complutense de Madrid – Master II (DEA), in Economics 2001.
- Universidad de Chile School of Law, 1995.
- Chilean Bar Association.
- Partner Javier Velozo has been distinguished as a leading lawyer in Competition Law by prestigious international publications such as Chambers and Partners Latin America, Legal 500 and Latin Lawyer.
- Recommended lawyer by the Latin America Corporate Counsel Association (LACCA).
Spanish and English.