Legal Alert: FNE launches new market study: Hospitality Market and impact on digital platforms
March 24, 2023 | By Sofía O’Ryan and Trinidad Puga
The National Economic Prosecutor’s Office (“FNE” in Spanish) launched on March 22 the market study, focused on the hospitality market (the “Study“), which will especially evaluate the impact of the entry of digital platforms for advertising and booking intermediation. The study will be conducted in the three market segments: advertising, booking channel, and hosting.
The FNE has based its decision to proceed with the study on the following reasons:
- Analyze whether the regulatory framework applicable to both hosts and platforms is adequate to maintain competitive conditions considering the impact of the entry and expansion of new digital platforms.
- Analyze whether price suggestion mechanisms by intermediation platforms could be softening competition.
- Review the generalized application of clauses possibly restricting competition.
Below is a brief description of the stages of the study and the timeframes in which they should be carried out according to the schedule published by the FNE.
| Stage | Description | FNE Deadline |
| Launch | Official commencement of the study, stating the reasons or concerns that motivated the study. | March 22 of 2023 |
| Data collection and analysis |
At this stage, the FNE may request information directly and compulsorily from both market participants and public entities. | March to November of 2023 |
| Preliminary conclusions | The FNE prepares a preliminary conclusion and submits it to the scrutiny of the interested parties. | December of 2023 |
| Final Report | Publication of the Final Report, the FNE, together with the conclusions, may provide solutions, opting for: (i) a recommendation for regulatory modification; (ii) modifications in practices to State agencies; (iii) recommendations to market competitors; (iv) initiation of an investigation; (v) a new market study. | March of 2024 |
Considering the relevance of market studies for the FNE, industry players should be attentive to possible requests for information and the results that the study may yield.
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Contact: For more information, please contact: Sofía O’Ryan Counsel soryan@dlapiper.cl |
* This report provides general information on certain legal or commercial issues in Chile, and is not intended to analyze in detail the matters contained herein, nor is it intended to provide specific legal advice on such matters. The reader is advised to seek legal advice before making any decision regarding the matters contained in this report. This report may not be reproduced by any means or in any part without the prior consent of DLA Piper Chile.
