Hacia la construcción de estándares de prueba en el procedimiento sancionatorio de libre competencia chileno
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This work examines the standards of proof that exist (or should exist) for the resolution of antitrust cases in Chilean law and proposes the construction of a standard according to the Rationalist tradition of Evidence Law. Thus, in the first section I describe the rules of Chilean law that govern the proceeding and the intervention of the parties in antitrust cases. In section two, I examine the different stages of evidence gathering, the admission and exclusion of evidence for the trial, the rules that regulate evidence assessment by the factfinder, and, finally, the decision about issues of fact. The main idea is that there is no standard of proof fixed by Chilean law for antitrust cases. In the third section, I advance the argument that the inexistence of such a standard is a serious problem, and I outline the different elements and methodological requirements that should be taken into account in deciding about the evidentiary threshold that a standard should include for proving facts in antitrust cases. In section four, I review the different proposals that have been put forward by Chilean courts and legal scholarship in order to fill this gap. Finally, in section five I conclude by examining some considerations to which we should pay attention in defining the severity of a standard of proof for antirust cases
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