Riesgos y principio de precaución: Una alternativa disponible para el control de operaciones de concentración en Chile

Abstract

This work evaluates the suitability of merger assessments from the perspective of a precautionary principle. In order to do this, the paper starts off by analysing the foundations of risk-based regulation, which gives rise to the precautionary principle. The paper also examines the ways in which this principle has been incorporated in european antitrust agencies analysis. Its coherence with the national mergers regulation is later assessed, offering some recommendations to further adopt this new paradigm by using some of the tools that are already in place in chilean merger control